Академический Документы
Профессиональный Документы
Культура Документы
E
A
NB
A
K
E
R
R
I
G
G
E
D
H
O
WG
L
O
B
A
L
I
Z
A
T
I
O
NA
N
DT
H
ER
U
L
E
SO
FT
H
EMO
D
E
R
NE
C
O
N
O
MYWE
R
E
S
T
R
U
C
T
U
R
E
DT
OMA
K
ET
H
ER
I
C
HR
I
C
H
E
R
Rigged:
How Globalization and the Rules of the
Modern Economy Were Structured to
Make the Rich Richer
By Dean Baker
Contents
Contents ................................................................................i
Acknowledgements ................................................................. iii
1 Introduction: Trading in Myths ................................................ 1
2 The Landscape of Inequality .................................................. 14
3 The Macroeconomics of Upward Redistribution ......................... 25
4 The Financial Sector:
Ground Zero for High Incomes and High Waste ......................... 50
5 The Old Technology and Inequality Scam:
The Story of Patents and Copyrights ........................................ 77
6 Out of Control at the Top:
CEO Pay in the Private and Public Sectors ...............................130
7 Protectionism for Highly Paid Professionals ..............................153
8 The Political Economy of an Anti-Rent-Seeking Equality Agenda ....191
9 Rewriting the Narrative on Economic Policy ............................217
References ..........................................................................219
Appendix ............................................................................243
iii
Acknowledgements
This book brings together much of my writing and thought from
the last decade. It has benefited from input from many friends and
colleagues, especially John Schmitt, Eileen Appelbaum, Jared Bernstein,
Helene Jorgensen, and Mark Weisbrot. I had much great research
assistance in compiling and analyzing data from Cherrie Bucknor, Nick
Buffie, Evan Butcher, Tillie McInnis, Michael Ratliff, and Rynn Reed.
Kevin Cashman also helped with research and more importantly did great
work with editing and layout. Our copyeditor, Pat Watson, did his usual
outstanding job of translating economic nonsense into normal English.
This work benefited from support from a number of sources
including the Ford Foundation, the Ewing Marion Kauffman Foundation,
the Arca Foundation, the Stephen M. Silberstein Foundation, and the
Bauman Foundation. The chapter on the financial sector is derived in part
from a paper that was funded by the Century Foundation's Bernard L.
Schwartz Rediscovering Government Initiative.
Alan Barber, Dawn Niederhauser, and Matthew Sedlar did much
to keep this book moving forward.
I would like to thank Biscuit, Noodle, Fender, Harrison and
especially Helene for their endless patience and unconditional love.
Introduction
Chapter 1
Introduction: Trading in Myths
In winter 2016, near the peak of Bernie Sanders bid for the
Democratic presidential nomination, a new line became popular among
the nations policy elite: Bernie Sanders is the enemy of the worlds poor.
Their argument was that Sanders, by pushing trade policies to help U.S.
workers, specifically manufacturing workers, risked undermining the
well-being of the worlds poor because exporting manufactured goods to
the United States and other wealthy countries is their path out of poverty.
The role model was China, which by exporting has largely eliminated
extreme poverty and drastically reduced poverty among its population.
Sanders and his supporters would block the rest of the developing world
from following the same course.
This line, in its Sanders-bashing permutation, appeared early on in
Vox, the millennial-oriented media upstart, and was quickly picked up
elsewhere (Beauchamp 2016). 1 After all, it was pretty irresistible. The ally
of the downtrodden and enemy of the rich was pushing policies that would
condemn much of the world to poverty.
1
See also Weissman (2016), Iacono (2016), Worstall (2016), Lane (2016), and
Zakaria (2016).
Rigged
2
3
As explained in the next chapter, this view is not exactly correct, but its what
youre supposed to believe if you adhere to the mainstream economic view.
There can be modest changes in employment through a supply-side effect. If the
trade deal increases the efficiency of the economy, then the marginal product of
labor should rise, leading to a higher real wage, which in turn should induce some
people to choose work over leisure. So the trade deal results in more people
choosing to work, not an increased demand for labor.
Introduction
Rigged
Introduction
FIGURE 1-2
Per capita income of East Asian countries, actual vs. continuing
on 1990s growth path
$83,286
$69,885
$57,220
$42,805
$37,699
$27,278
$23,520
$16,706
$9,116
$6,400
$11,633
Indonesia
Korea
Malaysia
90s growth rate
Thailand
Vietnam
United States
Actual
Rigged
produce music, movies, and books. But there are efficient alternatives to
patents and copyrights, and the efforts by the elites in the United States
and other wealthy countries to impose these relics on the developing
world is just a mechanism for redistributing income from the worlds poor
to Pfizer, Microsoft, and Disney. Stronger and longer patent and copyright
protection is not a necessary feature of a 21st century economy.
In textbook trade theory, if a country has a larger trade surplus on
payments for royalties and patent licensing fees, it will have a larger trade
deficit in manufactured goods and other areas. The reason is that, in
theory, the trade balance is fixed by national savings and investment, not
by the ability of a country to export in a particular area. If the trade deficit
is effectively fixed by these macroeconomic factors, then more exports in
one area mean fewer exports in other areas. Put another way, income
gains for Pfizer and Disney translate into lost jobs for workers in the steel
and auto industries.
The conventional story is that we lose manufacturing jobs to
developing countries because they have hundreds of millions of people
willing to do factory work at a fraction of the pay of manufacturing
workers in the United States. This is true, but developing countries also
have tens of millions of smart and ambitious people willing to work as
doctors and lawyers in the United States at a fraction of the pay of the ones
we have now.
Gains from trade work the same with doctors and lawyers as they
do with textiles and steel. Our consumers would save hundreds of billions
a year if we could hire professionals from developing countries and pay
them salaries that are substantially less than what we pay our professionals
now. The reason we import manufactured goods and not doctors is that
we have designed the rules of trade that way. We deliberately write trade
pacts to make it as easy as possible for U.S. companies to set up
manufacturing operations abroad and ship the products back to the United
States, but we have done little or nothing to remove the obstacles that
professionals from other countries face in trying to work in the United
Introduction
States. The reason is simple: doctors and lawyers have more political
power than autoworkers. 4
In short, there is no truth to the story that the job loss and wage
stagnation faced by manufacturing workers in the United States and other
wealthy countries was a necessary price for reducing poverty in the
developing world. 5 This is a fiction that is used to justify the upward
redistribution of income in rich countries. After all, it is pretty selfish for
autoworkers and textile workers in rich countries to begrudge hungry
people in Africa and Asia and the means to secure food, clothing, and
shelter.
The other aspect of this story that deserves mention is the nature
of the jobs to which our supposedly selfish workers feel entitled. The
manufacturing jobs that are being lost to the developing world pay in the
range of $15 to $30 an hour, with the vast majority closer to the bottom
figure than the top. The average hourly wage for production and
nonsupervisory workers in manufacturing in 2015 was just under $20 an
hour, or about $40,000 a year. While a person earning $40,000 is doing
much better than a subsistence farmer in Sub-Saharan Africa, it is difficult
to see this worker as especially privileged.
By contrast, many of the people remarking on the narrowmindedness and sense of entitlement of manufacturing workers earn
comfortable six-figure salaries. Senior writers and editors at network news
shows or at The New York Times and The Washington Post feel entitled to their
pay because they feel they have the education and skills to be successful in
a rapidly changing global economy.
For those worried about brain drain from developing countries, there is an easy fix.
Economists like to talk about taxing the winners, in this case developing country
professionals and rich country consumers, to compensate the losers, which would be
the home countries of the migrating professionals. We could tax a portion of the
professionals pay to allow their home countries to train two or three professionals
for every one that came to the United States. This is a classic win-win from trade.
The loss of manufacturing jobs also reduced the wages of less-educated workers
(those without college degrees) more generally. The displaced manufacturing
workers crowded into retail and other service sectors, putting downward pressure
on wages there.
Rigged
The perverse nature of the debate over a trade policy that would
have the audacity to benefit workers in rich countries is a great example of
how we accept as givens not just markets themselves but also the policies
that structure markets. If we accept it as a fact of nature that poor
countries cannot borrow from rich countries to finance their
development, and that they can only export manufactured goods, then
As a technical matter, the Federal Reserve Bank of New York is a private bank. It is
owned by the banks that are members of the Federal Reserve System in the New
York District.
Introduction
10
Rigged
Introduction
11
12
Rigged
almost never voted out by shareholders for their lack of attention to the
job or for incompetence.
The market discipline that holds down the pay of ordinary
workers does not apply to CEOs, since their friends determine their pay.
And a director has little incentive to pick a fight with fellow directors or
top management by asking a simple question like, Can we get a CEO just
as good for half the pay? This privilege matters not just for CEOs; it has
the spillover effect of raising the pay of other top managers in the
corporate sector and putting upward pressure on the salaries of top
management in universities, hospitals, private charities, and other
nonprofits.
Reformed corporate governance structures could empower
shareholders to contain the pay of their top-level employees. Suppose
directors could count on boosts in their own pay if they cut the pay of top
management without hurting profitability. With this sort of policy change,
CEOs and top management might start to experience some of the
downward wage pressure that existing policies have made routine for
typical workers.
This is very much not a story of the natural workings of the
market. Corporations are a legal entity created by the government, which
also sets the rules of corporate governance. Current law includes a lengthy
set of restrictions on corporate governance practices. It is easy to envision
rules that would make it less likely for CEOs to earn such outlandish
paychecks by making it easier for shareholders to curb excessive pay.
Finally, government policies strongly promote the upward
redistribution of income for highly paid professionals by protecting them
from competition. To protect physicians and specialists, we restrict the
ability of nurse practitioners or physician assistants to perform tasks for
which they are entirely competent. We require lawyers for work that
paralegals are capable of completing. While trade agreements go far to
remove any obstacle that might protect an autoworker in the United States
from competition with a low-paid factory worker in Mexico or China,
they do little or nothing to reduce the barriers that protect doctors,
dentists, and lawyers from the same sort of competition. To practice
medicine in the United States, it is still necessary to complete a residency
Introduction
13
program here, as though there were no other way for a person to become
a competent doctor.
We also have done little to foster medical travel. This could lead
to enormous benefits to patients and the economy, since many high-cost
medical procedures can be performed at a fifth or even one-tenth the U.S.
price in top quality medical facilities elsewhere in the world. In this
context, it is not surprising that the median pay of physicians is over
$250,000 a year and some areas of specialization earn close to twice this
amount. In the case of physicians alone if pay were reduced to Western
European-levels, the savings would be close to $100 billion a year (@ 0.6
percent of GDP).
Changing the rules in these five areas could reduce much and
possibly all of the upward redistribution of the last four decades. But
changing the rules does not mean using government intervention to curb
the market. It means restructuring the market to produce different
outcomes. The purpose of this book is to show how.
14
Rigged
Chapter 2
The Landscape of Inequality
Before getting into the specifics of these five areas it is worth
reviewing some the basic facts about recent trends in inequality and also
some simple economics. As Figure 2-1 shows, the share of income
(without capital gains) going to the top 1 percent of tax filers was
relatively stable between 1950 and 1980, starting out at 11.4 percent and
bottoming out at 7.7 percent in 1973. It then turns around and begins to
climb 8.2 percent in 1980, 13.0 percent in 1990, 16.5 percent in
2000, and 18.3 percent in 2007, just before the downturn. It has
remained more or less at this plateau since 2008.7
This means that the share of the 1 percent has more than doubled
from its level during most of the period of the 1950s to 1980. Measured as
a share of total income, this increase is roughly 10.0 percentage points.
This would be sufficient to increase the income of everyone in the bottom
The modest jump to 18.9 percent in 2012 is due to the tax increase put in place in
2013. Many high-income earners arranged to have income show up in 2012 rather
than 2013 so that they would pay a lower tax rate on it. This shifting also explains
the drop in the 1 percents share in 2013, since some income from that year showed
up in 2012.
15
17%
16%
15%
14%
13%
12%
11%
10%
9%
8%
7%
1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015
16
Rigged
value. In any case, the vast majority of the rise in the income share of the
top 1 percent preceded this rise in the profit share, so it cannot be the
explanation. The fact that the capital share of income, which
disproportionately flows to the 1 percent, has stood at an unusually high
level in the years since the crash while the income share of the top 1
percent has remained stable raises the possibility that part of the upward
redistribution in wage income had been reversed. But at this point it is too
early to know. In any case, a shift in the profit share back to pre-recession
levels as a result of tighter labor markets would certainly be good news for
ordinary workers.
FIGURE 2-2
Capital share of corporate income
26.5%
25.0%
23.5%
22.0%
20.5%
19.0%
17.5%
16.0%
14.5%
13.0%
11.5%
10.0%
1976
1980
1984
1988
1992
Before Taxes
1996
2000
2004
2008
2012
2016
After Taxes
17
The situation is somewhat different in Western Europe, which has seen more of a
shift from labor income to capital income. Piketty intended his work to be a general
theory of capitalist development, so the different experience of European countries
is important for his thesis. Nonetheless, a theory that explains rising inequality
through increasing shares of income going to capital is not appropriate as an
explanation of trends in the United States over the last four decades. The one
exception, which does not especially help Pikettys case, is that there has been a
notable rise in rental income as a share of national income throughout this period.
This is primarily owners equivalent rent, the imputed value of rent for owneroccupied housing.
18
Rigged
19
If this story made sense then the best economic policy would be to
train people to become effective counterfeiters. But it doesnt make sense;
there is a big problem in this picture. 9 With his money, the counterfeiter
is diverting resources that would have otherwise been available to the rest
of us. The classic story would be that the counterfeiter is bidding up wages
and the prices of various goods and services that are in short supply. This
would lead to inflation. The Federal Reserve Board would then respond to
this inflation by raising interest rates. Higher interest rates would reduce
demand for housing and discourage investment and consumption. If we
take the classic story strictly, the increased spending by our counterfeiter
would be fully offset by reductions in other spending elsewhere in the
economy. Our counterfeiter has effectively found a way to tax the rest of
us with his fake bills.
Keep the counterfeiter in mind when assessing any argument
about the rents earned by CEOs, Wall Street traders, and other high-end
earners. If these people actually contribute an amount of output equal to
their earnings, then they are not pulling resources from the rest of us. In
other words, if individual CEOs or Wall Street traders actually add $30
million to the economy with their work, then we have additional output
that corresponds to their $30 million annual income. They may even add
more than $30 million to the economy, effectively making the rest of us
wealthier. However, if they add less than $30 million, then their income
comes to some extent at the expense of the rest of us. In the extreme case,
where the highly paid CEO or Wall Street trader adds nothing to the
economys output, they are in an identical situation to the counterfeiter.
Their income is a pure drain on the economy, which must come out of the
pockets of the rest of us.
9
20
Rigged
21
22
Rigged
11 Probably some of the exaggerations on the size of the budget devoted to TANF or
other programs helping poor people stem from a racist desire to blame the poor,
who are disproportionately minorities, for the countrys problems. However, the
percentage of people in polls who seriously overestimate the relative importance of
these programs is far larger than the percentage that could plausibly be directly
23
many other ways in which this spending level could be expressed, but the
point would be to put it in a context that is meaningful to readers. There
is no one who will try to contend that $17 billion is a meaningful number
to even the relatively well-educated readers of The New York Times or The
Wall Street Journal. Yet reporters and editors continue to do budget
reporting as though they were carrying through a fraternity ritual instead
of trying to inform their audience. 12
The goal of this book is to provide information, and to advance
this cause we will on occasion make reference to the Supplemental
Nutrition Assistance Program (SNAP) metric. SNAP, more commonly
known as food stamps, is the federal governments largest anti-poverty
program. 13 Roughly 45 million people received benefits in 2015, and the
average benefit per person is $127 per month or just over $1,500 per
year. The government is projected to spend $75 billion on SNAP in 2016,
or 1.9 percent of the budget (CBO 2016). Expressed as a share of GDP,
the SNAP budget is roughly 0.4 percent.
SNAP is a well-run and important program. The vast majority of
the beneficiaries are children, seniors, or disabled people. It provides a
modest but important supplement to family income that has helped tens of
millions of people through difficult times. Since the program has been in
the news frequently in recent years (often as a target of conservative
budget cutters), it can provide a useful point of comparison for the sums
mentioned in subsequent chapters. Comparisons to the size of the whole
economy provide some context, but may still not be useful in informing
readers how important the savings are from eliminating waste in the
driven by racist views. In fact, given the overall support for these programs, many of
the people who have exaggerated views of their size must nonetheless support them.
12 Margaret Sullivan, the former public editor of The New York Times, took the paper to
task for reporting large numbers without any context. She convinced David
Leonhardt, then the Washington editor, that reporting numbers in context should
be standard practice at the Times (Sullivan 2013). Unfortunately, it seems that little
has changed. It is still possible to read articles on the budget and other topics in
which numbers are expressed in a way that will be meaningless to the vast majority
of Times readers.
13 These data come from Center on Budget and Policy Priorities (2016), which offers a
fuller description of the program.
24
Rigged
25
Chapter 3
The Macroeconomics of Upward
Redistribution
Many economists like to think that the distribution of income
within society is independent of macroeconomic phenomena like
unemployment and recessions. Part of the rationale for this view is that
economists generally think of the economy as being near its fullemployment level of output most of the time. While economists recognize
that the economy experiences recessions, these are usually thought to be
relatively mild and followed by a quick bounce back to its fullemployment level of output.
Another reason why economists like to think of distribution of
income as independent of the level of output is that this view works out
nicely with the morality stories people like to tell. The standard story is
that the market has a certain naturalness through which people get paid
based on their marginal product. If the market distributes income based on
how productive people are, then we have a basis for distributing income
that is independent of political decisions or moral judgments. We may
choose to alter this distribution, for example, because we think the poor
26
Rigged
have too little and the rich have too much, but the market distribution
provides the initial point of reference.
However, if the market distribution is indeed dependent on
macroeconomic factors, like how close the economy is to its fullemployment level of output, then we lose this independent point of
reference. The distribution of income is then dependent on
macroeconomic policies that determine the nearness to full employment.
The market distribution is then inherently a function of policy decisions
there is no independent point of reference. For someone steeped in
traditional economics, this is equivalent to a true believer discovering
there is no God.
Full employment and income distribution: there is a connection
27
28
Rigged
11.9%
8.7%
7.7%
6.8%
3.3%
-0.6%
7.3%
2.6%
1.0%
0.7%
-0.1%
-1.9%
-2.0%
-3.8%
-6.7%
19791989
19891995
20th
19952000
50th
20002007
20072011
90th
29
30
Rigged
the housing bubble in the 2000s. But asset bubbles are not a recipe for
stable growth; see Baker (2008).)
The implication of these consumption patterns is that the U.S.
economy is likely to face a persistent shortfall in demand because of the
upward redistribution of the last four decades. Furthermore, since the
distribution of income itself depends in part on how close the economy is
to full employment, there is a risk that the economy could face a
downward spiral. Weak demand leads to higher unemployment and
therefore more upward redistribution, which in turn weakens demand
further.
This upward redistribution had a variety of causes in deliberate
policy; it was not a random outcome of market processes. In addition to
the factors discussed in this book, a variety of other policy measures have
contributed to the upward redistribution.
Policies to weaken unions
31
32
Rigged
33
far less well-situated to secure their share of the gains from productivity
growth and keep them from rising up to people like CEOs and hedge fund
partners. It is worth noting that, while there was some upward
redistribution of income in Canada over the last four decades, the size of
the redistribution was not nearly as large as in the United States.
Other institutional factors affecting worker power
34
Rigged
Germany: -0.5
U.S.: -3.6
Germany: -6.9
Output
Unemployment Rate
Source and notes: OECD (2016). GDP from first quarter 2008 to second quarter of
2009; unemployment rate from November 2007 to October 2009.
35
longer hours when demand picks up. German firms also have used other
mechanisms to absorb a reduction in demand without laying off workers.
In addition to having an unemployment insurance system that is
both ungenerous and encourages layoffs, as a longer run matter we have an
institutional structure in place that tends to encourage longer hours for
workers. As a result, insofar as workers get benefits from productivity
growth, they take them in the form of higher pay rather than more leisure.
Specifically, because health care insurance is mostly an employment-based
benefit, rather than universally provided through the government,
employers typically see it as a fixed cost per worker. So rather than hiring
additional workers and paying for their health insurance, employers would
generally prefer their existing workforce to work more hours. The
preference for longer hours is even greater in cases where employers
provide defined benefit pensions in addition to health insurance. 16
Of course, the pattern of providing health insurance and pensions
as employer-provided benefits was the result of government tax and
regulatory policy that favored employer-based benefits. The result was a
pattern of employment in which better-paying jobs are more restricted in
number than would have otherwise been the case. Consider this basic
arithmetic: if we produced the same number of cars but the average work
year in the auto industry had 20 percent fewer hours, we would have 25
percent more people working in the auto industry. The reality will always
be more complicated, but the basic point is straightforward: for the same
levels of output, shorter hours mean more workers.
In other wealthy countries, the average number of work hours in a
year has fallen sharply over the last four decades. Most countries in
Western Europe mandate five to six weeks a year of paid vacation.
Between six months and one year of paid parental leave is standard, as is
some amount of paid leave for other family reasons. In some countries, the
standard work week is less than 40 hours. By contrast, in the United States
16 There is less of an issue of fixed costs in cases where the employers contribution for
health insurance is pro-rated based on the number of hours a worker puts in or based
on annual pay. While pro-rating benefits is becoming increasingly common, this is a
relatively new development. Through most of the post-World War II era, prorating benefits was rare.
36
Rigged
the number of hours in the average work year has changed little over the
last four decades, due almost certainly in large part to the benefit structure
that creates substantial per-worker overhead costs.
As a result of our different histories, workers in the United States
average considerably more hours each year than workers in Europe.
According to data from the OECD, the average work year in the United
States is 1,790 hours, compared to 1,419 hours in the Netherlands, 1,482
in France, and 1,371 in Germany. If the average work year in the United
States were comparable to those in Western Europe, more workers would
be employed at relatively well-paying jobs in sectors like manufacturing,
construction, and communications instead of being forced to accept
lower-paying jobs in sectors like retail and restaurants. By reducing the
supply of workers in the lower-paying sectors, the reduction in average
hours would lead to higher wages in low-paying sectors for the workers
who were left behind. In short, it is reasonable to believe that the longer
average work year in the United States has been a factor contributing to
inequality.
The role of fiscal policy
37
not because they prefer leaving matters to the market. Rather, they prefer
government interventions that have the effect of giving them more money.
As a practical matter, it is not even clear what someone can
possibly mean when they argue that the government should not try to
affect the economy and instead let the market work itself out. There is a
large demand for government services, like Social Security, Medicare,
education, national defense, and infrastructure construction and
maintenance, which the government must in turn pay for. There is no
magic process that tells the government how much it should tax to pay for
the services the public wants. The only reasonable way to set tax (or
deficit) levels is by reference to the overall state of the economy.
It is possible to argue that the government should follow some
arbitrary rule, like maintaining a balanced budget or constant debt-toGDP ratio. But picking a rule for fiscal policy is not the same as a policy of
non-intervention. It just means that the fiscal policy would be determined
by something other than the immediate needs of the economy.
It is also worth noting that it is a relatively simple matter to evade
whatever fiscal rules are put in place. There are many ways to hide
expenditures, or at least to adjust their timing, in order to comply with a
fiscal rule. 17 Also, assets can be sold to generate revenue in the year in
which they are sold even if the outcome may be a loss of revenue in future
years. For example, in 2008, the City of Chicago sold off the right to
revenue from its parking meters for 75 years. This sale, which earned the
city $1.2 billion, was booked as revenue for the year. This allowed the city
to balance its budget in 2008 even though it was at the cost of losing a flow
of revenue for more than seven decades. There is an infinite variety of
38
Rigged
39
supported research, and all the findings were placed in the public domain
so that all drugs were sold as generics. The annual deficit would be $50
billion higher due to the additional spending on research, but we would
save $380 billion a year on drugs due to generic pricing. In Washington
policy circles, the high-drug-price scenario would be the path of fiscal
prudence and caring about our children. It might pull far more money out
of their pockets, but money going to drug companies doesnt bother
Washington-policy-types anywhere near as much as money going to the
government.
FIGURE 3-4
Scenario 1: $400 billion deficit and $440 billion in prescription
drug spending
Billions of dollars
$440
$400
Deficit
Billions of dollars
$450
$60
Deficit
40
Rigged
41
This problem leaves the Fed with the peculiar task of constantly
redefining money, a task that runs directly against Friedmans idea of
placing the money supply on autopilot and taking away discretion from
central bankers. In choosing a new definition of money, the central bank
can opt for one that allows for more or less expansionary policy.
Friedmans ghost might hope that such considerations are never a factor in
determining how the money supply is defined, but that is not the way
central bankers or anyone else functions.
There would be a similar challenge in applying a gold standard.
We can legislate that the Fed tie its issuance of money to the amount of
gold in its possession, a mandate that has the obvious problem of making
the growth of the money supply subject to the randomness of discoveries
of deposits as well the development of technology in the mining industry.
The result can be a period of prolonged deflation, as the United States and
other industrialized countries experienced in the decades from 1870 to
1890 (Bordo and Filardo 2005), or, if there are new gold finds, of
inflation, as happened in the 1890s. If the point of the gold standard is to
ensure price stability, it is not up to the task.
Furthermore, the gold standard does not remove the regulatory
issues with which central banks must inevitably contend. Banks, or banklike financial institutions, will always try to increase their volume of loans
relative to their capital and reserves; its how they maximize profits.
Central banks can choose to ignore the excessive growth of credit, but
then they will have no control over the rate of inflation and the price level.
Such a system is also a virtual guarantee of the sort of boom-and-bust
cycles and bank runs that characterized the decades before the creation of
the Federal Reserve Board and deposit insurance.
It may be appealing to believe that we can just leave monetary
policy to run its own course, without central bankers making conscious
choices about the level of output and employment, but this is an illusion.
The decisions by central banks and other financial regulators influence the
levels of employment and output, and there is no way around this fact.
42
Rigged
43
+0.6
-0.5
19491979
1980present
19802007
As bad as the Fed has been in its quest to keep inflation low at the
expense of unemployment, it actually remains more committed to high
employment policies than some other central banks. The European
Central Bank stands out in this respect. At the time of his retirement in
October 2011, Jean Claude Trichet, who served as president of the bank
through the bubble years and the subsequent crash, was proud of the fact
that he kept the euro zones inflation rate under the banks 2.0 percent
target, even though unemployment rates in the euro zone were in double
digits and several countries were on the edge of defaulting on their debt
(The Telegraph 2011).
44
Rigged
Currency policy
45
trillion in the summer of 2016, with another $1.5 trillion held in the form
of sovereign wealth funds. This money could also be tapped if China were
in need of foreign exchange for some reason.
The issue of currency matters because it is the main factor keeping
the U.S. trade deficit high. The U.S. trade deficit had been just over 1.0
percent of GDP before the East Asia financial crisis, and while it is down
from its peak of 6.0 percent in 2005, in 2016 it was still close to 2.8
percent of GDP. The trade deficit corresponds to spending that is creating
demand elsewhere rather than in the United States. A $500 billion trade
deficit (its level in 2016) means that there is a gap in demand of $500
billion that must be filled by other sources if the economy is going to
operate near full employment.
This deficit is the result of policy, not just the natural workings of
the market. When government officials sit down with their counterparts
from China and other countries, they can negotiate over the currency
policies that these countries are pursuing. If negotiators opt to make
currency a priority, they can likely get these countries to agree to increase
the value of their currencies relative to the dollar. 19 There will be a tradeoff for focusing on currency values, meaning that other items will be given
lower priority. For example, the United States has pressed China for
increased access for the financial industry, the telecommunications
industry, and retailers, and it has pressed China and other developing
countries to devote more resources toward enforcing U.S. patents and
copyrights. In order to get more concessions on currency values, the
United States might accept fewer concessions in these areas, or agree to
more demands that China makes on it.
19 It is often claimed by Obama administration officials that China refuses to make any
concessions on the value of its currency. This is difficult to believe. Currency values
dont raise issues of fundamental sovereignty, like Chinas claim to Taiwan.
Furthermore, China has indicated its intention to further raise the value of its
currency and shift to a more domestically oriented growth path. It already has done
this to a substantial extent, reducing its trade surplus from 10.0 percent in 2007 to
2.7 percent in 2015 (IMF 2016). In effect, the demand from the United States
would be that China pursue this route somewhat more quickly than it may have
planned.
46
Rigged
We have argued in the prior sections that the United States has
pursued a variety of policies that have the effect of reducing demand in the
economy. In the case of trade policy the impact is quite direct. We have
supported policies that lead to large trade deficits, which create a gap in
aggregate demand from other sources. However, we have also pursued a
variety of policies that have the effect of redistributing income upward. As
research from the IMF and elsewhere indicate, this upward redistribution
leads to lower consumption, other things equal, since the wealthy spend a
smaller share of their income than do the poor and middle class. Without
deliberate government policy to boost demand, the result is a shortfall in
demand.
47
$20.5
$20.0
$19.5
$19.0
$18.5
$18.0
$17.5
$17.0
$16.5
$16.0
$15.5
2007
2008
2009
2010
Actual
2011
2012
2013
2014
2015
Projected
Figure 3-7 shows the gap between projected and actual output in
2015 measured in units of annual spending on SNAP, along with a bar
showing half of the gap being closed through more stimulative fiscal
48
Rigged
15
7.6
49
Union policy
b) Minimum wage
c)
Regulatory policy
50
Rigged
Chapter 4
The Financial Sector: Ground Zero for
High Incomes and High Waste
There is a great deal of confusion about the nature of the financial
sector in a modern economy. The financial industry plays an essential
function in processing payments, providing insurance, allowing families to
save for the future, and allocating capital to those who want to invest or
borrow. However, the services it provides are almost entirely
intermediate goods in that they facilitate economic activity; they are not
end products that provide benefits in and of themselves, like housing,
health care, or education.
In this regard the financial sector is like the trucking industry.
Trucking, like finance, is essential to the economy. We need it for moving
raw material to factories and finished products to stores. But an efficient
trucking industry is a small trucking industry: we want to have as few
resources as possible devoted to getting goods from point A to point B.
This means that we dont want to see a huge expansion in employment in
the trucking industry or an explosion in the number of trucks and
warehouses just to move the same quantity of goods.
51
52
Rigged
53
54
Rigged
the economy. The additional money spent on trading is all income for the
industry.
There is no doubt that a non-trivial FTT will substantially reduce
the size of the financial sector. The key question in assessing the merits of
the tax is whether this downsizing results primarily from eliminating
wasteful transactions that dont affect the ability of the financial sector to
serve the productive economy. This would be comparable to finding a way
to monitor truckers to ensure that they only take the most direct routes to
get to their destination. Alternatively, if the downsizing seriously impedes
the financial sectors ability to effectively allocate capital or ensure the
security of household savings, then the FTT would be imposing a
substantial cost.
It is worth contrasting the impact for consumers and producers of
a tax on the financial sector and a tax on normal consumption goods.
Figure 4-1 shows how a tax on new cars that raises $100 billion a year in
annual revenue would affect the car market and how the tax burden might
be distributed between car buyers and car manufacturers.
The top horizontal line shows the effective price to consumers
once the tax has been imposed. Consumers will pay more per car, but
they will buy fewer. As a result, car sellers will receive less money both
because they are selling fewer cars, but also because the reduction in
demand as a result of the tax will lead to a situation where they get less
money per car. So the reduction in revenue to the auto industry will be
the combined effect of selling fewer cars and getting less money for each
car they sell.
The extent to which the before-tax price falls and the quantity is
reduced depends on the relative shape of the supply and demand curves.
(These curves are drawn in an arbitrary manner for purely illustrative
purposes.) In this case, the tax of $5,000 per car is assumed to be evenly
shared between consumers and producers. The average price paid by a
consumer rises from $25,000 without the tax to $27,500 with it, and the
average price received by auto manufacturers falls from $25,000 to
$22,500. The gap of $5,000 per car is the tax revenue raised by the
government.
55
FIGURE 4-1
Changes in supply and demand for cars with the addition of a
tax
Price
Tax Revenue
$27.5K
$25K
$22.5K
20M 22M
Quantity of cars
56
Rigged
57
FIGURE 4-2
Changes in supply and demand for financial trades with the
addition of a tax
Price
Tax Revenue
$27.5K
$25K
$22.5K
20M 22M
Quantity of trades
In Figure 4-2 the decline in trading volume fully offsets the impact
of the tax in raising the cost per trade. This means that consumers spend
no more on trading, including the tax, than they did before the tax was
put into place; in other words, the consumer feels no direct impact of the
tax. For cars, the impact of the tax depends on the extent to which the
price to consumers rises due to the tax. For trading, there is no reason to
care about the price per trade, because all we care about is the total
amount spent on trading. If that doesnt increase, as assumed in Figure 42, consumers will see an impact from the tax only if a lower volume of
trading reduces the ability of the financial sector to serve the productive
economy.
This point is important. If the higher volume of trading was not
leading to greater efficiency of the productive economy, then consumers
on aggregate were not gaining from the extra trades. There will be
58
Rigged
winners and losers on any individual trade, but in aggregate this will net
out to zero, and so many of the trades currently being undertaken by the
people managing our 401(k)s, our IRAs, and our pension funds are
wasteful. The people in the financial industry who undertake these trades
earn money off of them, but, on average, investors do not. In this case, if
we can reduce the volume of trading, as would be the case with an FTT,
we are saving investors money and reducing the amount of resources
wasted in the financial sector.
The impact of the tax from the standpoint of producers is
unambiguous. It leads to both a reduction in trading volume and less
money on each trade, implying that fewer people will be employed in the
industry and that those who remain employed are likely to receive lower
incomes. Like for the displaced autoworkers, the impact on the workers
displaced from the financial sector will depend on the difference between
pay in the industry and pay in other sectors. Since the financial sector pays
considerably more on average than other industries, displacement is likely
to mean a substantial loss of income, at least for higher-paid workers.
(Displaced custodians and office assistants might not see much of a
reduction in pay.)
The key point is that a tax on the financial sector is generally not
borne directly by consumers. The immediate impact will be on suppliers
of financial services; consumers will be affected only if the downsizing of
the industry reduces its ability to serve the productive economy. If a
smaller financial sector can serve the productive economy as well as a
larger one, then the burden of the tax will be felt mostly or entirely by the
industry.
Is a large financial sector a burden on the economy?
59
associated with more rapid growth. However, once the financial sector
reaches a certain level, further expansion relative to the size of the
economy is associated with slower growth. This is consistent with the idea
that large financial sectors pull resources away from productive uses.
These analyses imply that people who could be employed
productively in other sectors of the economy are doing tasks that provide
little or no value in the financial sector. Excessive trading, which is the
immediate focus of an FTT, is one example of how resources could be
wasted. However, the proliferation of complex financial instruments
would be another aspect of the same problem. An FTT will make some
types of financial instruments more costly and possibly eliminate the
market for them altogether. If these instruments provide little benefit to
the productive economy, then the tax would be making the financial
sector more efficient.
If an FTT were to impose costs on the productive economy, it
would be because higher transaction costs make it more difficult to raise
capital. The most immediate way in which higher transaction costs could
affect the economy is through higher interest rates. The tax will reduce
effective returns on assets, with the impact dependent on the volume of
turnover. To take a simple case, if the before-tax return on an asset is 5.0
percent annually (net of other turnover costs) and the holding time is on
average six months, a tax of 0.1 percent will reduce the return (holding
turnover constant) by 4.0 percent. 23 (Since the asset turns over twice in a
year, the tax is equal to 0.2 percent of the price.) If the holding time
increased more than proportionately in response to the tax (as implied by
the assumption of a trading elasticity greater than 1), then the effect of the
tax on returns would actually be positive. As noted above, the total
amount spent on trading is actually less as a result of the tax, which means,
other things equal, total returns would increase.
However, investors might be willing to forego a substantial
portion of their returns in exchange for increased liquidity. This possibility
would imply that interest rates are lower in 2016 than would otherwise be
23 Burman et al. (2016) includes a useful table (Table 3) showing the impact of tax
rates on the rate of return for different holding periods.
60
Rigged
the case precisely because investors have the option to trade frequently at
low cost.
The impact of trading costs on returns could be substantial. For
example, if there has been a reduction in average trading costs in the stock
market of 0.5 percentage points over the last four decades (probably a low
estimate of the actual reduction) and shares are traded on average twice a
year, then the reduction in trading costs would be equivalent to 20
percent of annual returns, using an assumption of 5.0 percent real returns.
(Two times 0.5 percentage points equals 1 percentage point, which is 20
percent of the 5.0 percent real annual return.) Comparable reductions in
trading costs for bonds and other instruments would imply a similar
impact on returns.
While this sort of impact cannot be ruled out a priori, few if any
economic models of interest rate determination include transaction costs
as a major factor. If trading costs did have a substantial impact on interest
rates, we would expect real interest rates in the 1950s, 1960s, and 1970s
to be far higher, other things equal, than they are today. But there has
been no obvious downward path for real interest rates in the United States
and other countries as transaction costs have fallen.
One reason that there may not be a return premium
corresponding to the fall in average trading costs is that the typical investor
is not an active trader. If most investors traded little, while a small
minority traded a lot, then average trading costs would have little
relevance for most investors. In that case, a rise in transaction costs
matters a great deal to the active trader but little to a more typical
investor.
In addition to the question of liquidity, there is also the question
of whether the rise in transaction costs resulting from the tax would
impair the ability of financial markets to allocate capital to its best uses.
Could higher transaction costs cause the market price of assets and their
true price based on economic fundamentals to diverge, and could this
divergence have measurable consequences for the allocation of capital? The
answer to the first question is possibly yes, but the extent of the
consequences is more questionable.
61
24 Matheson (2011) has a good summary of the research on the relationship between
trading costs and volatility.
62
Rigged
FIGURE 4-3
Displayed market depth (bid+ask volume), largest stocks (95th
percentile)
63
64
Rigged
TABLE 4-1
Projected revenue gains and expense reductions from a
financial transactions tax
(billions)
Post-tax
trading
volume
Revenue
Elasticity = -1.0
Stocks
0.200%
Bonds
0.050%
Derivatives
0.010%
Pre-tax
trading
volume
Reduction
in trading
expenses
$48,000
$180,000
$1,300,000
Elasticity = -1.25
Stocks
0.200%
Bonds
0.050%
Derivatives
0.010%
$24,000.0
$90,000.0
$650,000.0
Total
$48.0
$45.0
$65.0
$158.0
$48.0
$45.0
$65.0
$158.0
$48,000
$180,000
$1,300,000
Elasticity = -1.50
Stocks
0.200%
Bonds
0.050%
Derivatives
0.010%
$20,181.5
$75,680.7
$546,582.7
Total
$40.4
$37.8
$54.7
$132.9
$55.6
$52.2
$75.3
$183.1
$48,000
$180,000
$1,300,000
$16,970.6
$63,639.6
$459,619.4
Total
Source and notes: Author's calculations, see text.
$33.9
$31.8
$46.0
$111.7
$62.1
$58.2
$67.2
$187.5
Tax rate
(percent)
FIGURE 4-4
Benefits of a financial transactions tax for revenue and trading
expenses, in units of SNAP spending
2.5
2.1
2.1
1.5
Revenue
Low Estimate
65
2014 dollars
$261,772
$71,396
$71,161
$47,959
1970
Securities and Commodities Sector
2014
All Industry Average
66
Rigged
move to other sectors, where their skills may still command a high wage,
though likely less than they are currently earning in finance. The workers
who remained in the sector may still earn more than the average for
workers in other sectors, but the gap would likely be less than before the
tax. In effect, to maintain their share of a shrinking market the workers in
the financial sector will be forced to forego a substantial portion of their
compensation.
Finally, reducing the volume of trading in financial markets will
reduce the value of some of the services sold to financial markets. Michael
Bloomberg, the former mayor of New York and one of the richest people
in the world, made his fortune selling subscriptions to his Bloomberg
Terminals, 26 highly valued because they are one of the fastest information
sources available for news like crop forecasts or disruptions in oil fields.
Getting this information as quickly as possible is essential to anyone who
hopes to profit from trading in these markets, yet it matters little for the
overall functioning of the economy. A large decrease in trading volume
could reduce the income for Bloomberg LP and other companies that
provide similar services.
Too-big-to-fail insurance
67
68
Rigged
health, but its perhaps possible that the bank could have concealed them
even if they had been large enough to make it insolvent. And this was two
years after the passage of Dodd-Frank.
There is also the question of whether regulators are and will be
able to accurately assess risk. In the financial crisis an asset that regulators
assumed to be safe residential mortgages turned out to be highly
risky. Regulators relied on historical default and recovery rates in assessing
risks from bad mortgages and didnt imagine a situation in which plunging
house prices could send default rates soaring and radically reduce the
portion of the mortgage that could be recovered post-default. They also
could not envision a nationwide fall in house prices, since in the past price
declines had been restricted to specific markets. 27 Since regulators missed
all the signs of the housing bubble, which was the basis for the collapse of
house prices and the subsequent surge in mortgage delinquencies and
defaults, is there reason to believe that they will be much better in
recognizing the next pattern of growth that poses a threat to the economy
and the financial system?
The surest way to end TBTF insurance is to break up the big
banks, a proposal that is not very far-fetched considering that todays huge
banks are a relatively new phenomenon. Interstate banking was seriously
limited until 1994, the year the Riegle-Neal Interstate Banking Act opened
the door to an enormous wave of bank consolidation. This resulted in
much greater concentration in the banking industry than existed in prior
decades. The concentration became even greater as a result of the financial
crisis, as the Fed and Treasury actively encouraged mergers that would
have raised serious antitrust concerns at other times.
To end TBTF, the largest banks need to be downsized to the
levels of the 1990s or even the 1980s. There is considerable research
showing that these banks were already big enough by then to enjoy all the
economies of scale available to large banks today (see, e.g., Davies and
Tracey 2014 and Mitchell and Onvural 1996). Certainly, it would be hard
27 The potential for a nationwide drop in house prices stemmed from an
unprecedented run-up in prices, which was easy to see from publicly available data.
See, for example, Baker (2002).
69
to argue that companies in the 1990s or even the 1980s were seriously
hampered by their inability to get access to bank loans.
The argument most often advanced by opponents of breaking up
the banks is that our banks would be disadvantaged relative to large banks
in other countries. In effect, this is an argument that other countries are
providing TBTF insurance and that we should do the same in order to
keep up.
But that would be bad economics. Suppose other countries
subsidize their car industries. The standard economics argument is not that
we should also subsidize ours, but rather that we should take advantage of
the cheap cars that are being made available to our consumers and focus on
producing different goods and services. If we were being consistent, we
would have the same attitude toward the banking industry. Of course,
bankers have considerably more political power than autoworkers.
Power aside, it would be good economics to break up the large
banks and restore market discipline to finance. Contrary to what is often
claimed, breaking up the banks would not be a complex administrative
task. The government should not be micromanaging the project; the banks
could do it themselves. The banks know their business and have an
incentive to break themselves up in a way that maximizes shareholder
value. The government need only set size caps and a timeline, as well as
penalties for not meeting the timeline. The banks can figure out how best
to downsize themselves.
Waste by privatization
70
Rigged
oversight; the higher pay that top management earns in the financial
sector; and the profits earned by the industry (see, e.g., Orszag and
Stiglitz 2001; National Academy for Social Insurance 1998).
The same findings about Social Security would apply to many
sectors that are privatized now, like the privately run system of defined
contribution pensions. Its average cost of 0.95 percent of assets under
management (Munnell et al. 2011) compares quite unfavorably to costs of
the Thrift Savings Plan (TSP) for federal employers just 0.29 percent of
assets (TSP 2015). Even if one allowed for a doubling of the TSP baseline
to account for the greater costs associated with contributions from a
diverse set of employers, the rents accruing to the financial sector would
still be 0.37 percentage points of the $13.62 trillion in assets of defined
contribution plans, equivalent to $50 billion a year.28
Defined benefit pension plans are in a similar situation. They often
pay excessive fees to managers who provide no better returns than could
be obtained from investments in index funds. Some pension funds are
efficiently managed, of course, but many are avenues for cronyism, with
politically connected managers able to tack on fees that far exceed market
rates. 29 Reducing excessive fees by just 0.1 percent to 0.3 percent of these
plans $11.36 billion in assets 30 would free up $12 billion to $35 billion
annually.
Another major source of waste is the cost associated with the
private health insurance industry. Administrative costs in this sector are
equal to 13.7 percent of benefits paid out compared to less than 2.0
percent in a government-run system like Canadas, 31 and getting to
28 The figure for defined contribution plan assets is from Federal Reserve Board
(2015).
29 For example, Steven Rattner, an investment fund manager who later oversaw the
bailout of the auto industry in the Obama administration, agreed to make a payment
of $6.2 million to the Securities and Exchange Commission (Gallu et al. 2010) for
allegedly making payoffs to gain control of a portion of New York States pension
funds.
30 As of end of first quarter 2015; Federal Reserve Board (2015), Flow of Funds Table
L.117, line 25.
31 The calculation for the United States is taken from the Centers for Medicare and
Medicaid Services, National Health Care Expenditures Historical Data for 2013
71
Canadian levels would save us over $100 billion annually (based on $120
billion of costs in 2014). Even if the costs were twice as high as Canadas,
the savings would still have been over $80 billion in 2014. A universal
Medicare-type system would also provide large administrative savings to
providers who would no longer have to deal with a variety of complex
insurance rules and forms, to employers who would no longer have to
handle the administrative work associated with choosing plans and
managing workers benefits, as well to patients. Plausible estimates of the
size of the first two sources of savings are comparable to the savings on the
administrative cost in the insurance industry, implying total potential
savings of $160 billion to $200 billion (Woolhander et al. 2003).
Waste by deception
72
Rigged
32 The enormous costs associated with the collapse of the bubble can be blamed in
large part on the recklessness of the financial industry. Competent regulators could
have stopped the growth of the bubble. It can be argued that the power of the
financial industry prevented regulators from acting, but this is at best only part of
the story. Almost no economists saw the bubble and recognized the danger it
presented prior to its collapse. This failure applies not only to economists who had
ties to the financial industry, but to the majority who did not.
33 These sorts of deceptive practices are not restricted to financial companies. For
example, Verizon charges customers without a calling plan around $3.50 per minute
for calls to most European countries (Verizon 2016). Since these calls can be made
for a few cents a minute on most calling cards, it is unlikely that anyone would ever
spend more than two or three minutes on a call at these rates. However, Verizon
does not inform customers of the cost at the time they place their call.
73
74
Rigged
firm buys out the company, paying $120 per share, then it would pay
$120 for each share held by the government. 34
It should be possible to design a share system like this as a
replacement for the corporate income tax and thereby hugely reduce the
complexity of the current tax code and drastically reduce the
opportunities for gaming. For this reason it would also reduce the
potential profits in the tax-gaming industry.
If it is too great a lift politically to adopt a system of share
issuance, it should be possible to create a share issuance alternative on a
voluntary basis. In other words, businesses that opted to issue non-voting
shares to the government could permanently end their tax liability. This
should be a major money-saving move for companies that are not trying to
game the system, since they would no longer have to pay as much to
accountants for calculating their taxes. This voluntary system would also
reduce enforcement costs, since enforcement should be a relatively simple
matter for the firms that issue shares. (The only question for the Internal
Revenue Service is whether these shares are being treated the same way as
the firms common shares.) The Internal Revenue Service (IRS) could
focus its attention on the companies that are actively trying to game the
system, presumably making gaming more difficult.
The private equity industry provides some measure of the
potential savings from reducing the gaming of the tax system. The industry
had almost $3.5 trillion in assets under management in 2013 (Prequin
2014), and at a management fee of 3.0 percent, including incentive pay,
the industrys income would be $105 billion annually. If closing the tax
and regulatory loopholes that it exploits eliminated one-third of its
income, the savings would be $35 billion annually. Eliminating half would
provide annual savings of $53 billion. This is undoubtedly a conservative
estimate of the potential savings from reducing access to tax shelters, since
there are many law and accounting firms that are unconnected to private
75
equity that also profit from exploiting these shelters. Since many private
equity partners are among the richest people in the country, reducing the
ability for this sector to profit would be an effective way to reverse the
upward redistribution of the last three decades.
Because the returns on private equity have fallen sharply in recent
years, it is no longer clear that even with the gaming private equity is
beating the relevant stock indexes (Appelbaum and Batt 2016). In this
case, the fees being paid out to private equity partners are pure waste.
This drag on the productive use of resources can be addressed by forcing
pension funds to fully disclose fees and investment returns and by
withdrawing money from investments where returns do not justify the
risks.
Conclusion
76
Rigged
the very highest earners can be found at hedge funds, private equity
companies, and major Wall Street banks.
TABLE 4-2
Potential savings in 2015 from reducing rents in financial
sector
(billions of 2015 dollars)
Reduced trading revenue, financial transactions tax
Ending TBTF subsidy
Centralized defined contribution pension system
More transparent defined benefit pension system
Centralized health insurance system
Predatory practices
Private equity and tax shelter industry
Total
Source and notes: Authors calculations, see text.
Low estimate
$158
$25
$51
$11
$160
$20
$35
High estimate
$188
$50
$91
$34
$200
$20
$53
$460
$636
FIGURE 4-6
Financial sector rents, 2015, in units of SNAP spending
8.6
6.2
Low Estimate
High Estimate
77
Chapter 5
The Old Technology and Inequality Scam:
The Story of Patents and Copyrights
One of the amazing lines often repeated by people in policy
debates is that, as a result of technology, we are seeing income
redistributed from people who work for a living to the people who own
the technology. While the redistribution part of the story may be mostly
true, the problem is that the technology does not determine who owns
the technology. The people who write the laws determine who owns the
technology.
Specifically, patents and copyrights give their holders monopolies
on technology or creative work for their duration. If we are concerned
that money is going from ordinary workers to people who hold patents
and copyrights, then one policy we may want to consider is shortening and
weakening these monopolies. But policy has gone sharply in the opposite
direction over the last four decades, as a wide variety of measures have
been put into law that make these protections longer and stronger. Thus,
the redistribution from people who work to people who own the
technology should not be surprising that was the purpose of the policy.
78
Rigged
79
80
Rigged
signed legislation changing the length to 20 years from the date of filing to
be in compliance with the TRIPS (Trade Related Aspects of Intellectual
Property Rights) provisions of the Uruguay Round of the WTO (USPTO
2015). This law also included provisions allowing for the extension of the
duration of patents in the event the approval process took more than three
years, the average length of the process. Patents issued prior to 1995 were
extended to 20 years from filing or 17 years from issuance, whichever was
longer. In 2015 the duration of design patents those that apply to the
design of a product like furniture or appliances was extended from 14
years to 15 years from the date of issuance (U.S. Government Publishing
Office 2012).
Prior to 1976, copyrights lasted 28 years from the date they were
secured, with the possibility of an extension for another 28 years (U.S.
Copyright Office 2011). The 1976 Copyright Act increased the length of
the extension to 47 years, for a total possible duration of 75 years, and the
1998 Copyright Term Extension Act increased it to 67 years, for a total
possible duration of 95 years. In both cases, the extensions were applied
retroactively to works whose copyright was still in effect. In 1992,
Congress made renewal of copyrights automatic for works copyrighted
after 1964. This is noteworthy because in the United States copyright
holders do not have to formally register, a change introduced in the 1976
law. As a result, it can be difficult and time-consuming for someone
seeking to make use of copyrighted material to track down the copyright
holder. In fact, in many cases potential users would have no way of
knowing the material was copyrighted. Legislation in the 1990s extended
copyrights further to 95 years.
In addition to duration, the scope of patent and copyright
protection has been expanded as well. In the 1980s, patents were
extended to cover DNA sequences and life forms, and in the 1990s it
became possible to patent software and business methods. The Bayh-Dole
Act of 1980 allowed for universities, research institutions, private
companies, and individuals operating on government contracts to gain
control of patents derived from their work, thereby creating the
opportunity for universities to earn large rents from patents and for
researchers to form their own companies, all relying on knowledge and
81
82
Rigged
for the poorest countries. Other trade deals, like the North American Free
Trade Agreement, the Central America Free Trade Agreement, and the
Trans-Pacific Partnership, have included TRIPS-plus provisions such as
data exclusivity, which prohibits generic drug manufacturers from using
test data submitted by brand manufacturers to establish the safety and
effectiveness of their drugs, and marketing exclusivity, which prohibits
generic competitors from competing during the period of exclusivity even
if they conducted their own clinical trials. These treaties have also
broadened the scope of patentable items; for example, the Trans-Pacific
Partnership requires patents be issued for new uses of existing compounds
and for combination drugs (many widely used new drugs involve new
combinations of existing molecules, rather than the development of a new
chemical entity).
The United States has also pursued stronger and longer patent and
copyright protections in bilateral negotiations. For example, the Obama
administration has been quite public about its efforts to force the Indian
government to allow patents for combination drugs. It also has sought to
discourage countries from exercising their right to require compulsory
licenses for drugs, as explicitly allowed under the TRIPS provisions.
Stronger patent protections in developing countries serve two
purposes. The first is the obvious one of increasing the profits of drug
companies. But the industry also is concerned about the large gap between
the price of patent-protected brand drugs in the United States and their
generic equivalents in developing countries. For example, the hepatitis C
drug Sovaldi has a U.S. list price of $84,000 for a three-month course of
treatment, while in India high-quality generic versions are available for
$300 to $500 (Gokhale 2015). For new cancer drugs selling for over
$100,000 per year, the gap with generic prices could be even larger.
These enormous differences create a large incentive for patients to seek
out the generic version, whether by finding a way to bring the drugs into
the United States or by traveling to a country where the generic is
83
84
Rigged
Change
Copyright duration extended to 75 years from 58 years (applied
1976
retroactively). End of registration requirement for copyright protection.
Bayh-Dole Act allows universities, research institutions, private
1980
companies, and individuals operating on government contracts to gain
control of patents derived from their work.
In Diamond v. Chakrabarty, Supreme Court rules that life forms are
1980
patentable.
In Diamond v. Diehr, Supreme Court sets rules under which computer
1981
software can be patented, formalized by U.S. Patent and Trademark
Office in 1996.
Congress creates the United States Court of Appeals for the Federal
1982
Circuit to handle patent claims, a court that proves to be more patentfriendly.
TRIPS provisions of the WTO require member countries to adopt U.S.style patent law. Congress extends duration to 20 years from date of
1995
issuance, with automatic extensions in cases where approval process was
delayed.
1998
Copyright duration extended to 95 years (applied retroactively).
Digital Millennial Copyright Act extends copyright to digital materials.
1998
Also establishes liability for third-party intermediaries.
In State Street Bank & Trust Co. v. Signature Financial Group Inc.,
1998
Supreme Court rules that business methods are patentable.
Central America and Dominican Republic Free Trade Agreement and
Dominican Republic includes TRIPS Plus provisions requiring
2006
countries to have lengthy periods of data exclusivity when a drug is
approved by licensing authority. This excludes generics from the market
even when no patents are applicable.
Source and notes: Various sources, see text.
85
86
Rigged
87
88
Rigged
last three decades. The royalty payments and transaction costs associated
with these tools can make the research to develop new drugs and medical
diagnostic products considerably more expensive and thereby slow the
process.
Recent research has also found considerable evidence that the
threat of patent litigation distorts the direction of research and is a
powerful weapon of larger firms against smaller firms and start-ups.
Examining the patenting behavior of biotech firms, Lerner (1995) found
that firms facing higher legal costs, due to their small size, are less likely to
patent in subclasses where there are many other patents. This is especially
likely if the firms holding the other patents in the subclass are larger firms
with substantial legal resources.
Lanjouw and Schankerman (2001a) found evidence of a strong
reputation effect in which patent holders are more likely to file suits in
areas where many new patents are being issued. The motivation may be
that companies want to show their willingness to contest patents to
intimidate competitors. Suits were also more likely if the patent had fewer
backward citations. The study takes this as evidence that in new areas
where the bounds of existing patents are less well established there will be
a larger basis for contesting claims.
Both of these findings are troubling from the standpoint of
promoting innovation. Insofar as a reputation effect is important for
protecting a claim, it means that larger firms will be better situated than
smaller ones that may have difficulty covering litigation costs. The finding
that patent suits are more likely in new areas implies that litigation will
more frequently be needed to protect patents that are opening new
ground, and that patents will be of less value to smaller upstarts than to
well-established firms.
Lanjouw and Schankerman (2001b) found that smaller firms and
individual patent holders are far more likely to be involved in patent suits
than large firms. The disproportionate negative effect on start-ups is made
worse by the fact that large patent portfolios seem to provide protection
from suits. Firms with large patent portfolios are less likely to be involved
in patent suits even when controlling for the size of the firm itself. The
conclusion of this analysis is that litigation costs are greater to smaller
89
firms because they are less well situated to pursue litigation avoidance
strategies. Patents are thus a less valuable asset to smaller firms because
they are more costly on average for smaller firms to enforce.
Lanjouw and Lerner (2001) found that larger firms were 16 to 25
percent more likely to gain a preliminary injunction in a patent suit than
smaller firms. This figure likely understates the bias in favor of large firms
because lower litigation costs would mean that they would be more likely
to pursue weak patent claims than smaller firms. The advantage indicates a
substantial tilting toward large firms, because a preliminary injunction
allows the patent holder to effectively maintain a monopoly in the market
for the duration of the injunction and prevents the defendant from
receiving a return on its investment.
There has been considerable study on the importance of patents as
a subsidy for research. Most of the studies find that in most areas the
subsidy provided by patents is in the range of 5 to 15 percent of
expenditures on research (e.g., Jaffe 2000, Schankerman and Pakes 1986,
Lanjouw 1998, and Schankerman 1998). The major exception is in
pharmaceuticals, where the subsidy could be 30 percent. These studies
find a tremendous skewing of patents, with a relatively small share
accounting for the vast majority of the value. Also, the value of most
patents seems to dissipate quickly. In several European countries in the
1970s and 1980s, patents were subject to renewal after five years; that the
vast majority were not renewed suggests that companies usually did not
consider the process worth the fees and associated expenses.
Cohen at al. (2000) surveyed a large number of R&D labs in the
United States to gain insights into the relative importance of patents as a
mechanism to support research. The study found that patents were viewed
as a relatively unimportant mechanism in allowing firms to profit from
their research. The respondents cited lead time advantages, secrecy, and
the use of complementary manufacturing and marketing as more
important than patents. The survey also found substantial differences in
answers by firm size, with large firms most frequently citing patents as a
major way to protect their investment in R&D.
Patents can raise the cost of R&D by making the use of research
tools costly. This is a growing problem in areas like biotechnology, where
90
Rigged
many of the tests, tools, and biological materials used by researchers are
themselves subject to patents. The costs stem not only from the
compensation paid to patent holders, but also the transaction costs
associated with all the necessary agreements. The same sort of problem
comes up with the development of new drugs or software, where several
patents may be involved in the finished product. The innovator must then
negotiate with a number of patent holders in order to market its product.
This process may prevent many products from ever being marketing. In
cases where firms opt for joint licensing agreements, Lerner and Merges
(1998) find that the larger firm is most likely left in control of the
marketing, leaving the newer firm less likely to reap the full benefit of the
innovation.
There is also evidence that the publication of patents does not
serve the intended purpose of diffusing knowledge. Boldrin and Levine
(2013) argue that firms deliberately write up their patents in ways that
make them as unintelligible as possible precisely to avoid giving their
competitors any advantage. This practice is certainly what would be
predicted as profit-maximizing behavior. As a practical matter, there is no
real downside for a firm to write its patent in a way that makes it difficult
to understand its unlikely that a patent will be rejected for poor
writing. In addition, competitors often deliberately avoid having their
researchers review patents in order to protect themselves from
infringement suits (Gallini 2002). For these reasons, the publication of
patents under current intellectual property rules may do less for the
diffusion of knowledge than would be hoped.
In sum, evidence suggests that patents and their enforcement
impose considerable costs on the economy. There are substantial legal
expenses associated with patents, as they are increasingly used as weapons
in a competitive strategy. They are used more often as a tool to harass
competitors than as a tool to protect innovation. The legal expenses are
themselves a substantial drain on the economy, but the larger drain is the
extent to which the expenses distort the innovation process, causing
companies to abandon promising areas of research and instead look for
segments of the market where they are less likely to confront a deeppocketed competitor. This is likely to be an especially serious problem for
91
smaller companies and start-ups that are less well positioned to engage in
costly patent litigation.
The research shows that the effective research subsidy provided by
patents in most sectors is limited, usually in the range of 5 to 15 percent of
research expenditures. The major exception is with biomedical research,
where the subsidy has been estimated at 30 percent. The evidence from
this research raises serious questions as to whether patents are a net
positive for innovation and productivity growth.
The body of work produced and compiled by Levine and Boldrin
and their collaborators presents an impressive list of the problems
associated with the patent system. They argue for weakening or
eliminating patents in most areas. Assuming that the patent system is not
eliminated in its entirety, they argue for tailoring patent length to the
specifics of competition in a sector. 38 They note the need for some public
mechanism for funding the R&D of pharmaceuticals, because a free market
system is unlikely to support the cost of this work.
Turning now to copyright, a review by Handke (2011) of the
empirical research on the cost and benefits of the copyright system begins
by noting that claims by Intellectual Property Owners Association (the
industry trade group) on the importance of copyright to the economy are
grossly exaggerated. The industry group estimates the size of the core
copyright industries at $890 billion in 2007 (6.4 percent of GDP).
However, this is not a measure of the value of copyrights themselves but
rather of the size of the industries, like those involving computer software
or newspapers, that make substantial use of copyright protection. The
group also exaggerates measures of growth by assuming a constant price
on products that are in fact rapidly falling in price (e.g., software).
Handke notes that the evidence with copyrights, like the evidence
with patents, is ambiguous as to whether they are a net economic positive.
It cites examples of creative work, such as open-source software, that does
not depend on copyright protection. It also points out that copyrights can
38 This suggestion goes directly counter to the thrust of recent trade agreements,
which have sought to create uniformity in patent duration and enforcement across
sectors.
92
Rigged
93
94
Rigged
performers. The review cites several studies showing that less well known
musicians had better sales and more attendance at live performances after
file sharing became common. These studies are far from conclusive, but
such an effect is plausible. In an experimental analysis, Salganik et al.
(2006) found that people listened more frequently to music that they were
told was popular. The implication is that marketing certain songs or
musicians will increase the extent to which the public listens to them at
the expense of musicians who are not favored. If copyright gives
entertainment companies an incentive to promote certain performers, the
publics choice in music will be skewed toward a narrower group of
performers.
Copyright protection in the digital age has required increasingly
punitive law enforcement measures and extraordinary efforts to inculcate
respect for copyright monopolies. A Minnesota woman was fined
$222,000 in 2007 for allowing 24 songs to be downloaded off of her hard
drive through a peer-to-peer file-sharing system. 42 A provision of the
Trans-Pacific Partnership requires that countries adopt criminal penalties
for copyright infringement. In order to promote respect for copyright
laws, an industry trade group even created a patch for Girl Scouts and a
merit badge for Boy Scouts. 43
These costs are in addition to the deadweight losses, which are
definitionally associated with copyright monopolies, that raise the price
above the marginal cost of production, and they are likely to be substantial
relative to the amount paid to performers, writers, songwriters, and other
creative workers. A recent analysis of the impact of the Trans-Pacific
Partnerships copyright provisions in New Zealand placed the elasticity of
demand for books at -1.77 and the elasticity of demand for recorded music
at -1.41 (New Zealand Ministry of Business, Innovation, and Employment
2015). These estimates imply that for every dollar that copyright raises the
price of books and recorded music, the effective cost to consumers in
42 See: http://abcnews.go.com/US/supreme-court-lets-verdict-stand-recordingindustry-case/story?id=18765909.
43 See: http://www.ipoef.org/?page_id=30 and
http://arstechnica.com/gadgets/2006/10/8044/.
95
higher prices and deadweight loss is $1.39 in the case of books and $1.22
in the case of recorded music. If creative workers gets 70 percent of the
copyright margin in the case of recorded music (in other words, 70
percent of the mark-up associated with copyright goes to creative workers
as opposed to promoters, marketing, and profits), this implies that the
cost to consumers is $1.74 for every dollar that goes to creative workers.
If the share going to creative workers is 50 percent, then the cost to
consumers is almost $2.00 for every dollar going to creative workers.
Patents and copyrights are often used to protect software.
Analyzing the success of open-source software, Lerner and Tirole (2000),
focusing on the motivations of the individual developers, found that many
of them are prepared to devote large amounts of time without any direct
monetary reward. Instead, they perform the work out of intellectual
curiosity or as a way to advance their reputation.
Bessen (2005) focuses on the willingness of companies to support
open-source systems. The study argues that this support can be an efficient
way to gain a number of programmers insights into difficult problems that
would not be addressed by standardized software. In this way, opensource software may be a useful complement to proprietary software and
other services provided by a company. These insights help in assessing how
technology can advance in the absence of patent or copyright protection.
In sum, there are clearly substantial costs associated with
copyright protection, costs that have increased substantially as a result of
digital technology. The response of the U.S. government has been to
promote stronger and more punitive laws and to require third parties to
share in enforcement costs.
Alternatives to the current patent system
96
Rigged
44 Some studies have found large implicit subsidies for patents in the chemical industry,
raising an argument for treating chemicals the same way as pharmaceuticals and
medical equipment. However, because chemicals are mostly sold as an intermediate
good, they do not raise the same set of issues as pharmaceuticals and medical
equipment.
97
The large gap between price and marginal cost has exactly the sort
of consequences that economic theory predicts. The first and most obvious
is that many people are forced to get by without drugs that are actually
produced at a low marginal cost. 45 Patients will also take less than the
recommended dosage or skip days in order to reduce the cost of their
drugs.
A simple calculation of the deadweight loss associated with patent
protection of drugs indicates that patients incur substantial costs as a result
of not being able to pay free market prices. 46 Table 5-2 shows the
deadweight loss based on 2016 expenditures of $450 billion, assuming
alternatively that drugs would sell for 10 percent and 20 percent of their
current prices if there were no patent or related protections. 47 The table
applies elasticities of 15 percent, 25 percent, and 50 percent.
TABLE 5-2
Annual deadweight loss due to patent protection of drugs,
based on 2016 expenditures of $450 billion
(billions of 2016 dollars)
Elasticities
0.15
0.25
Free market price = 10 percent of current prices
$90.8
$171.2
Free market price = 20 percent of current prices
$60.1
$109.0
Source and notes: BEA (2016) and author's calculations, see text.
0.5
$475.7
$271.9
98
Rigged
given 2016 demand and prices. In the case of a 90 percent drop the
deadweight loss would be $90.8 billion at 0.15 elasticity and $171.2
billion at 0.25 elasticity. 48 These are substantial losses by any measure.
The $90.8 billion loss would equal almost 0.5 percent of 2016 GDP, and
the $171.2 billion loss would equal more than 0.9 percent.
In addition to the deadweight losses, patent protection also
imposes substantial costs in the form of time and resources that are wasted
as a result of patent protected prices. These costs take a variety of forms.
First, even where patients have insurance that covers the cost of
expensive drugs, the high price often will lead the insurer to demand
additional proof that the patient needs the drug in question. Insurers may
require additional tests or a second opinion. The high cost of patentprotected drugs has created a whole industry of intermediaries
pharmacy benefit managers who negotiate with drug companies on
behalf of insurers, hospitals, and other institutions. There would be no
need for this industry if drugs sold at free market prices.
Because the government is a big payer for drugs through
Medicare, Medicaid, and other public health care programs, it can set
standards that effectively determine how much private insurers pay. Thus,
the pharmaceutical industry is heavily involved in lobbying, both through
its own agents and through the consumer groups it mobilizes. 49 The
48 These calculations would understate the loss substantially insofar as the price
declines are uneven. In effect, the assumption in the calculations is that the price of
all drugs declines by 80 percent or 90 percent. The Food and Drug Administration
(FDA) puts the reduction in the price of brand drugs in a mature generic market at
more than 90 percent (FDA 2015). While many drugs are already available as
generics, even these would often see large price declines in a free market. Some
generics have the benefit of the six-month period of exclusivity as the first generic in
the market. Also, in many cases generic manufacturers will still face licensing fees of
various types, even if the main patent on a drug is no longer applicable. On the
other side, the price decline for the most expensive drugs may be in excess of 99
percent. Using averages would understate the loss. Taking these differences into
account would almost certainly lead to a larger measure of deadweight loss.
49 Pharmaceutical companies are often major funders of organizations established as
support groups for victims of specific diseases and their families. These support
groups are often encouraged to lobby insurers and the government to pay for
99
100 Rigged
the brand manufacturer stands to lose much more than the generic
producer stands to gain. As a result, the brand producer has an incentive
to spend much more on legal expenses, and it may be tempted to offer
side payments to discourage entry by the generic competitor. Such
collusion is illegal, but it is hard to detect, especially if the payment takes
the form of a contract (e.g., the generic producer is paid to manufacture
one of the brand manufacturers drugs) that could have been reached
without any collusion. A 2010 study by the Federal Trade Commission
(FTC) estimated the annual cost to consumers of these pay to delay
agreements at $3.5 billion (FTC 2010). 50
Another problem with the large gap between price and marginal
cost is that it provides an incentive for drug companies to conceal evidence
that reflects poorly on its drugs. If they find evidence that their drug may
not be as effective as claimed or possibly even harmful for some patients,
the enormous gap between price and marginal cost gives them an incentive
not to disclose this information. This was the allegation in the case of the
arthritis drug Vioxx, where the manufacturer allegedly concealed evidence
that the drug increased the risk of heart attack and stroke among patients
with heart conditions. Drug companies also have an incentive to promote
the use of their drug in situations where it may not be appropriate. Efforts
to promote drugs for off-label use are a regular source of scandal in the
business press.
A recent analysis that looked at five prominent instances in which
it was alleged that drug companies either concealed information about
their drugs or marketed them for inappropriate uses found that the cost
born by patients was in the range of $27 billion annually over the years
19942008 (Katari and Baker 2015). While this estimate is far from
precise, it suggests that the cost associated with improper drug use due to
deliberate misrepresentations and mis-marketing is substantial, quite likely
in the range of the amount spent by the industry on drug research. It is
worth repeating that these costs, in terms of bad health outcomes, are the
result of deliberate actions stemming from the perverse incentives created
50 The Public Interest Research Group compiled a list of 20 of the most important
cases of this sort of pay for delay; see U.S. PIRG (2013).
by patent monopolies, not costs from the sort of mistakes that are an
inevitable part of the research process.
Another issue with patent monopolies is that they distort the
research process by encouraging drug companies to pursue patent rents
rather than find drugs that meet urgent health needs. If a pharmaceutical
company produces a drug for a particular condition that earns large
amounts of revenue, its competitors have a strong incentive to try to
produce similar drugs for the same condition, in order to capture a share
of the rents.
For example, Merck and AbbVie, along with several smaller drug
manufacturers, are rushing to market alternatives to Sovaldi as a treatment
for hepatitis C. 51 In the context in which Gilead Sciences, the maker of
Sovaldi, has a monopoly on effective treatments for hepatitis C, this sort of
competition is highly desirable because it will lead to lower prices.
However, if Sovaldi were being sold in a free market at $500 to $1,000
for a course of treatment, there would be little incentive to invest research
dollars finding treatments for a condition for which an effective drug
already exists. If drugs were sold without protection, research dollars
would usually be better devoted to developing a drug for a condition
where no effective treatment exists than developing duplicative drugs for a
condition that can be well-treated by an existing drug.
Patent protection also is likely to slow and/or distort the research
process by encouraging secrecy. Research advances most quickly when it is
open. However, companies seeking profits through patent monopolies
have incentive to disclose as little information as possible in order to avoid
helping competitors. This pressure forces researchers to work around
rather than build upon research findings. Williams (2010) found that the
patenting of DNA sequences in the Human Genome Project slowed future
innovation and product development by between 20 and 30 percent.
Finally, relying on patent incentives to support medical research
encourages drug companies to direct research toward finding a patentable
product. If, for example, evidence suggests that a condition can be most
51 See, for example: http://www.investopedia.com/ask/answers/052215/who-aregilead-sciences-gild-main-competitors.asp.
102 Rigged
52 The United States and many other countries now allow for the patenting of a new
use for an existing drug; however, there are still likely to be limits to the extent to
which this might provide incentives for researching new uses of a drug. If it turned
out that a common drug, like aspirin, was an effective treatment for some other
condition, it would be very difficult to keep people from using the cheap generic
versions for the newly discovered treatment, even if it violated the patent.
53 All the arguments made above on pharmaceuticals would also apply to research to
develop medical equipment.
54 This discussion pursues the logic of directly funded research. There have been
several proposals for creating a prize system for buying out patents and placing them
in the public domain. While a prize system would have enormous advantages over
the current system, most importantly because drugs would be available at their free
market price, it shares some of the major drawbacks with the current patent system.
Mainly, it would still encourage secrecy in the research process, because companies
would have the same incentive as they do now to prevent their competitors from
gaining the benefit of their research findings. The awarding of prizes may also prove
problematic. The company that manages to patent a drug may not be the one
responsible for the key scientific breakthroughs responsible for its development. In
principle, prizes could be awarded for important intermediate steps, not just
achieving a final endpoint, but this is likely to make the prize process complicated
and contentious.
104 Rigged
their funds to buy research produced by other companies, just as the major
pharmaceutical companies do now. As the period for a contract
approached its end, the contractor could attempt to gain a new long-term
contract. It would argue its case based on its track record with the prior
contract.
The rules governing these contracts would dictate that all results
stemming from publicly financed research be placed in the public domain,
subject to copyleft-type restrictions. 57 Thus, any patents for drugs,
research tools, or other intermediate steps developed by contractors or
subcontractors would be freely available for anyone to use, subject to the
condition that any subsequent patents would also be placed in the public
domain. Similarly, test results used to get approval for a drug from the
Food and Drug Administration would be available for any generic
producer to use to gain approval for their own product.
In addition to requiring that patents be placed in the public
domain, there would also be a requirement that all research findings be
made available to the public as quickly as practical. This means, for
example, that results from pre-clinical testing be made available as soon as
they are known. This requirement should prevent duplication and allow
for more rapid progress in research, and would apply to both direct
contractors and any subcontractors. 58
This disclosure requirement would not be a negative for
participants in the context of this open-source contract system. Because
the goal is to generate useful innovations rather than procure a patent, a
contractor would be able to make an effective case for the usefulness of its
work even if competitors were the ones that ultimately used the work to
develop a useful drug or medical device. The incentive in this system is to
57 Copyleft is a type of copyright developed by the Free Software Movement, under
which a copyrighted software can be freely used as long as any derivative software is
also put in the public domain subject to the same condition. See:
https://www.gnu.org/licenses/copyleft.en.html.
58 This is the sort of issue that would be examined in periodic reviews of contractors.
Excessive delays by a contractor in posting findings on an ongoing basis would be
grounds for revoking the contract. Contractors would also be held responsible for
the behavior of any subcontractors, which would also be bound by the requirement
to post findings in a timely manner.
106 Rigged
preferred drug is not. Also, doctors would likely make better informed
prescribing decisions because no one would stand to profit by having them
prescribe a drug that may not provide the best treatment for their patient.
A similar story would apply to the use of medical equipment. In
almost all cases, the cost of manufacturing the most modern medical
equipment is relatively cheap. The cost of usage is even less. For example,
the most modern screening equipment only involves a small amount of
electricity a limited amount of a skilled technicians time, and the time of a
doctor to review the scan. Instead of a scan costing thousands of dollars,
the cost would likely be no more than $200300. Here also, the price
would then be a minor factor in deciding how best to treat a patient. A
doctor would naturally recommend the device that best meets the
patients needs. And in a context where no one has an incentive to mislead
about the quality of the equipment, the doctor is likely to make better
choices. The same would be the case with various lab tests, all of which
would be available at their free market price. With few exceptions, this
would be a trivial expense compared to the current system.
Table 5-3 shows the potential gains from replacing patentsupported research with direct public funding under three sets of
assumptions. The most optimistic scenario, shown in column 1, assumes
that 75 cents of public spending on research is roughly equivalent to $1 of
spending financed by patent monopolies. The greater efficiency is based on
the idea that increased openness and the elimination of unnecessary
duplication will lead to more effective research. It also assumes that
prescription drugs would sell for 10 percent of their current price if there
were no patent or related protections. 60 In this case, the implied annual
savings would be $349.5 billion. Adding in the reduction in deadweight
loss from the high elasticity case shown in Table 5-2 brings the total
benefits to more than $800 billion a year, equal to 4.3 percent of GDP.
60 With some drugs the price may be high not because the compound itself is subject to
patent protection but because one of the inputs is. The implicit assumption in this
discussion is that the inputs would also be in the public domain because they would
have been produced with public funding.
108 Rigged
TABLE 5-3
Gains from ending patent protection for pharmaceuticals
and medical equipment
(billions of 2016 dollars)
Drugs
Current spending
Patent-free cost
Additional research
Net savings
Reduction in deadweight loss
Total savings
Medical equipment
Current spending
Patent-free cost
Additional research
High savings
Middle savings
Low savings
$430.0
$43.0
$37.5
$430.0
$64.5
$50.0
$430.0
$86.0
$75.0
$349.5
$475.7
$825.2
$315.5
$140.1
$455.6
$269.0
60.1
$329.1
$50.4
$15.1
$11.2
$50.4
$15.1
14.9
$50.4
$15.1
$22.4
Net savings
$24.1
$20.4
$12.9
Source and notes: BEA (2016) and author's calculations; see text. For medical
equipment, the 2016 spending level is a projection from the Centers for Medicare and
Medicaid Services (CMS). The estimate for current research spending is taken from
data for 2012 from the National Science Foundation and increased by 20 percent to
account for growth between 2012 and 2016.
110 Rigged
Other third-party
payers
Other health
insurance programs
Medicaid
Medicare
Private health
insurance
Total
Out-of-pocket
payments
Total
Health insurance
Drugs
Spending
Savings
$342.1
$126.4
$48.3
$7.7
$291.8
$142.0
$22.7
$105.2
$73.6
$33.8
$16.9
$10.8
$5.4
$2.0
Medical
equipment
Spending
Savings
$50.4
$12.7
$24.7
$3.5
$25.0
$8.9
$1.2
$8.5
$4.3
$7.4
$3.7
$0.1
$0.1
$0.6
Total
$139.1
savings
Source and notes: CMS (2014) and author's calculations, see text.
112 Rigged
63 Some information on individuals may have to be put into categories (e.g., age ranges
rather than specific ages) in order to preserve the anonymity of patients. With rare
diseases, these categories may have to be fairly broad, but it will still be possible to
disclose more information than is currently available.
While the savings shown in Table 5-3 are substantial, savings may
not be the most important benefit from adopting a system of upfront
research funding and marginal cost pricing. If drugs, scans, and tests were
all sold in a free market, almost all would be relatively cheap, and all but
the lowest-income households would be able to afford the drugs and tests
considered beneficial to their health. The elimination of this potential
financial burden would be an enormous benefit.
In addition, there are good reasons to believe that a switch to a
system of marginal cost pricing with fully open research will lead to better
health outcomes. First, the current system of patent monopolies provides
drug companies, manufacturers of medical equipment, and proprietary
testing companies with an enormous incentive to misrepresent the benefits
of their products and conceal potential negatives. If all of these items were
sold in a free market where competition had pushed profits down to
normal levels, there would be little incentive to misrepresent the safety
and/or effectiveness of a product in order to boost sales. The additional
profit from increased sales in a competitive market does not provide the
same sort of incentive for corruption as the opportunity to sell more of a
product at monopoly prices.
The other reason why an alternative system of open research
should lead to better outcomes is that the evidence for effectiveness of a
drug or procedure would be directly available to doctors and researchers
rather than held in secret by a drug company or medical equipment
manufacturer. Doctors will be able to make decisions that focus on the
114 Rigged
specific situation of their patients. If more than one drug is available for
treating a condition, a doctor will have access to evidence about relative
effectiveness for men versus women, or for overweight people, or people
with other health conditions, allowing the doctor to make more-informed
decisions for treating patients.
Also, it is possible that better drugs and equipment will be
available if openness allows research to advance more quickly. If open
research turns out to advance more quickly, as some studies have
indicated, the move away from patent-supported research may hasten the
invention of treatments and cures for a wide variety of conditions.
In addition to the benefits to patients and savings for government,
a system of marginal cost pricing will yield substantial savings to the
economy. The massive marketing industry that has developed to promote
sales of drugs would disappear, freeing up resources for productive uses.
Lawyers specializing in intellectual property tend to be among the most
highly paid members of the profession, and with marginal cost pricing the
number of lawyers and lobbyists required for court contests and K Street
negotiations would plummet. If the demand for lawyers to press or defend
patent suits in prescription drugs declined it would free up a substantial
share of these lawyers to pursue other lines of work.
Marginal cost pricing also would reduce the amount of money
flowing through the health care insurance industry. On average, insurers
take over 24 percent of the money paid to providers to cover
administrative costs and provide their profit. 64 Reducing spending on
drugs and medical equipment by $100 billion annually would imply
savings on administrative expenses of more than $20 billion a year.
64 This calculation comes from taking the $194.6 billion estimate for the net cost of
administering health insurance in 2014 from CMS (2014), national health
expenditures data for 2014 (Table 2), and dividing it by $796.4 billion, the CMS
estimate for 2014 payments by insurance companies after subtracting administrative
expenses (Table 3).
While the abuses and inefficiencies of the patent system have the
greatest consequence in the prescription drug industry and other health
sectors, similar problems arise elsewhere. In most other sectors, patents
are less important for supporting research and innovation because factors
such as a first-mover advantage and complementary services tend to be
more important in giving companies an edge. In this context, it might be
desirable to preserve the patent system but reduce its importance.
As noted earlier, a number of trade agreements commit the
United States to a set of rules, including 20-year patent duration, which
would preclude simply altering the basic structure of the patent system.
However, the government can incentivize firms to accept weaker patent
rules. Because some of the worst abuses stem from patent trolls who make
dubious legal claims based on older patents, a major reform would be a
reduction in the period of patent duration (Love 2013). A patent length of
three to five years would allow firms to protect their use of new
technologies for a limited period while giving patent trolls little
opportunity to dredge up old patents to extort successful innovators.
What kinds of incentives would convince firms to accept a shorter
patent duration? One possibility is an expanded R&D tax credit. 65 The
current credit is constructed as a marginal credit of 1420 percent of R&D
expenditures in excess of spending over a prior base period; as currently
structured it costs $18 billion annually, as of 2016, or 0.1 percent of
GDP. 66 This general credit could be eliminated and replaced with a credit
of 1015 percent of all R&D expenditures, allowed on the condition that
all patents claimed by the company are open to the public under the
copyleft rules after three to five years. After that, any company could
make use of the patent, provided it also agreed to the shorter duration.
Such rules would still allow corporations to have the full 20-year patent
65 Dechezlepretre et al. (2016) provide evidence on the effectiveness of the R&D tax
credit as currently structured in promoting research spending.
66 The structure of the tax as well as the estimate of the cost can be found in CBO
(2015b).
116 Rigged
term required under trade agreements, but they would have to forego the
R&D tax credit and free access to material subject to copyleft patents.
This set of incentives should provide a mix that is roughly
comparable to that provided by the current patent system and tax credit.
Table 5-5 shows the National Science Foundations estimates of R&D
spending by sector for 2012, the most recent year available. Total
spending was about 1.9 percent of GDP; removing spending by
pharmaceuticals and other health related industries reduces this share to
1.45 percent. 67 A tax credit of 1015 percent would cost between 0.15
percent and 0.22 percent of GDP if the take-up rate were 100 percent,
but this assumption is clearly too high. More likely, 6080 percent of
spending would be covered by this system, implying a cost between 0.09
percent and 0.18 percent of GDP, or between $16 billion and $29 billion
in the 2016 economy. At the low end, this is about the cost of the current
R&D tax credit, at the high end it is about 50 percent more. If this system
led to a comparable amount of research, the benefits to the economy
should exceed the additional expense.
TABLE 5-5
Medical and non-medical R& D expenditures
(billions of 2012 dollars)
2012
GDP
$16,155.3
Total
$302.3
Pharmaceuticals and medicines
$48.1
Navigational, measuring,
electromedical, and control
$8.0
instruments (50%)
Electromedical, electrotherapeutic,
$4.4
and other irradiation apparatus
Biotechnology
$7.4
All other
$234.425
Source and notes: National Science Foundation (2012).
GDP shares
Tax credit
10%
15%
1.87%
0.30%
30.2
4.8
45.3
7.2
0.05%
0.8
1.2
0.03%
0.4
0.6
0.05%
1.45%
0.7
1.1
0.15% 0.22%
$28.65
$20.29
$11.00
$2.39
Patent Licensing
Costs
Litigation Expenses
Settlements with
NPEs
Additional Cost of
Tax Credit
Source and notes: Bessen and Meurer (2012), Boldrin and Levine (2013), and author's
calculations; see text.
118 Rigged
would likely fall sharply. The cost of litigation derived from Bessen and
Meurer (2012) in the 2016 economy is $20.3 billion almost twice as
much as the high-end net cost of the tax credit. The cost of settlements
with patent trolls is $28.6 billion, two-and-a-half times as much as the
high-end cost of the credit.
These calculations suggest that the economy would be
substantially better off with a system that relied more on tax credits and
less on patent protection to support research. Of course, the costs from
patent litigation would not fall to zero even in a scenario where tax-credit
support became the dominant mode for financing research. There would
still be some litigation even associated with the shorter patents and the
government would have to be prepared to protect its patents for the
duration of the copyleft period. In addition, some firms will opt to remain
outside the tax-credit system.
But the increased competition from having fewer items subject to
patent protection is likely to mean lower prices in a range of areas. And
having more research freely available to innovators is likely to hasten the
pace of innovation, particularly by smaller firms and start-ups for whom
patent rights, and the negotiation of them, is a major expense. If small
firms could count on supporting more of their own research through a tax
credit, they could innovate in the areas dominated now by large firms and
have less fear that a competitor might expose them to costly litigation.
This dual-track public and private system will require provisions
to prevent gaming. Companies might exploit the free access to technology
and the R&D tax credit to secure for themselves a full 20-year patent. It
would be all but impossible, for instance, to police the separation whereby
some parts of a firm are getting the tax credit and access but other parts
are ostensibly fully funding their own research and are thereby entitled to
long patents. To prevent this, the receipt of the tax credit and free access
to copyleft material by any subsidiary of a firm would preclude 20-year
patent protection for the whole firm. Similarly, the rules on short patents
would have to apply to companies and patents purchased by a firm that
was within the tax-credit/copyleft system.
If the incentives are structured properly, though, few large firms
would find it advantageous to stay outside the system. The access to the
tax credit and the free use of copyleft material should far exceed the
potential benefits of additional years of patent protection. As a result, it
would be difficult to envision a company like Google or General Electric
remaining outside the system. Also, the ability of larger companies to
benefit from the network effect of having their technology widely adopted
would provide a further incentive to go with the tax-credit/copyleft
system.
Wide adoption of the tax-credit/copyleft system would drastically
reduce the number of patent suits and narrow the space of operation for
patent trolls, simply in terms of the odds. If the short patent associated
with the tax-credit system were five years, and everyone was in the
system, then the number of patents in force at a point in time would drop
by 75 percent. 70 If the patent were three years, then the drop would be 85
percent, even before taking into account the likely collapse in the number
of patents in pharmaceuticals and medical equipment when direct public
funding largely replaces patent monopolies in these sectors.
In fact, the actual decline in the number of patents in effect is
likely to be even larger. Because the life of the patent will have been
shortened, patents will be of less value. Therefore many companies may
opt not to patent inventions that they would patent under the current
system. The net result of this change would be far fewer resources getting
wasted in filing patents and patent suits and far less concern on the part of
innovative companies and individual inventors over the risk of being sued
for patent infringement.
It will be necessary for the government to be vigilant in protecting
the patents subject to copyleft rules, both in the case of patents that grew
out of research supported by the tax credit and also patents that resulted
from direct public funding in the health care sector. Enforcement of these
patents would be a great activity to be contracted out to private law firms
paid largely on commission. This would minimize the risk that
corporations could use their power to stay outside of the public funding
70 This calculation assumes that the number of patents issued each year is constant.
120 Rigged
and tax-credit system and still gain free access to the technology developed
through these systems. 71
While the shortening of patent durations in most sectors is not
likely to lead to the same collapse of prices that the ending of patent
monopolies would cause in the health care sector, it should result in more
competition and innovation, along with some drop in prices. There would
be more pressure on larger established companies to constantly innovate
and improve their products, because they could not count on a lengthy
period of patent monopolies to protect them from competitors. In
addition, the free access to a vast amount of technology on a copyleft basis
to both large firms and smaller start-ups should accelerate the process of
innovation.
This system is likely to disproportionately benefit smaller firms
because they would not need the legal resources to protect their patents
nor to protect themselves against infringement suits. Also, the free access
to copylefted technology is likely to be more of an asset to smaller firms
that dont have the in-house capacity to negotiate contracts allowing for
the use of patents held by other firms. While it may be a relatively simple
matter for an Amazon or an Apple to work out a licensing arrangement to
gain access to patented technology, this is likely to be a much more
difficult process for a small start-up without a sophisticated legal
department. For this reason, having ready access to the technology that is
copylefted should be a major advantage.
An alternative to copyright monopolies
The clear path of copyright policy over the last four decades has
been longer and stronger protection. Today, digital technology is posing a
particular challenge. The law has been repeatedly adjusted to make it
more difficult to use digital technologies and the web to reproduce
material subject to copyright protection. In some cases technologies have
71 There is risk that law firms given the responsibility for enforcing copyleft patents
could act like patent trolls. But the opportunities for public accountability and the
option of non-renewal of contracts should limit this risk.
72 There was a major debate in the 1990s around the introduction of digital audio
recorders. In response to lawsuits, the major manufacturers agreed to include locks
to prevent duplication of copyrighted material. See, for example:
https://partners.nytimes.com/library/tech/98/10/cyber/cyberlaw/16law.html.
122 Rigged
music, then the concern would be whether they had actually used their
funds for this purpose.
Because this system is intended to be an alternative to the
copyright system, the condition for getting funding for both individuals
and organizations is that they not would be eligible for copyright
protection. In effect, creative workers would be given the option of
relying on one or the other system of support. They could choose to rely
on copyrights to support their work or they could opt to join the taxcredit system, but they could not do both. In order to ensure that the taxcredit system did not become a copyright farm system, in which people
established their reputations in the tax-credit system and then cashed in
with the copyright system, there should be a substantial gap (e.g., five
years) between the last time creative workers received funding through
the tax-credit system and when they could first receive copyright
protection.
A convenient feature of this system is that it would be largely selfenforcing. A person who attempted to secure copyright protection on
material for which he or she was not eligible would have the burden of
suing the alleged infringer. Because there would be a registry of everyone
in the tax-credit system, it would be a simple matter to show that the
creative worker had been in the system too recently to qualify for
copyright protection. In this case, there is no need for the government to
do anything it protects the integrity of the tax-credit system by doing
nothing; the person does not have an enforceable copyright.
From the standpoint of individual taxpayers, the tax-credit system
would specify a limited sum (e.g., $100) that they could give to
individuals or organizations registered as eligible recipients. This means
they could give their tax credit directly to a writer, singer, musician, or
other creative worker that is in the system or they could contribute to
organizations that are within the system and are committed to supporting
particular types of creative work. Individual taxpayers would have the
option to give the tax credit to a single individual or organization or divide
it up among as many individuals as they choose. One major difference with
the tax deduction for charitable contributions is that the tax credit would
124 Rigged
73 The CBO estimated the size of this subsidy at $40.9 billion for 2006 (CBO 2011).
Adjusting for the growth of the economy would put it at $54 billion in 2016. This is
likely an understatement, since the tax rate for high-income taxpayers rose from 35
percent to 39.6 percent in 2013. As a result, a contribution of the same dollar
amount would imply a substantially larger tax subsidy in 2016 than it did prior to
2013.
An issue that would naturally arise with this system is its scope.
For example, should journalism be included as a type of creative work? 74
How about video games or software?
The logic of the system would suggest that the boundaries be
drawn broadly, for two reasons. First, it would be difficult if not
impossible to police the boundaries. If a person were being supported for
writing non-fiction books but also posted weekly or daily pieces on the
web on political events, would he or she be violating the rules if the
system was not intended to support journalism? There would be a similar
story with video games. At what point would interactive art become a
video game? Do we want the IRS making this assessment?
The second point in favor of broad boundaries is that they would
minimize the need for copyright protection. The goal of the creative work
tax credit is to make a large amount of material available to the public that
can be transferred at zero cost. Putting more material in the public domain
in different areas is a positive benefit, as long as people value this work.
The ultimate check on the boundaries of the system is what people are
prepared to support with their tax credits. If few people opted to support
journalism or video games, then these industries would remain largely
dependent on copyright protection.
The special case of textbooks
74 The Bureau of Labor Statistics (BLS) estimated the number of people employed as
reporters in 2015 in print, broadcast, and Internet journalism at 44,360. The
average annual pay was $50,700; the median was $37,700 (BLS 2016b). Fully
supporting their pay through the creative work tax credit would require roughly
$2.2 billion of revenue from the credit. Of course, newspaper and broadcast outlets
require other support personnel as well. However, even in the absence of copyright
protection it would still be possible to charge for print versions of newspapers or
other publications and for advertising, even if the fees would be lower for material
that could be duplicated.
126 Rigged
2016, 75 or about $500 per student. The figure is even higher for full-time
students. A single textbook can cost several hundred dollars, and renting
one can cost $50100 per semester. As with prescription drugs, most of
this cost is attributable to a copyright monopoly.
Public funding could produce a large number of textbooks free
from copyright restrictions. The arithmetic here is striking. An
appropriation of $500 million a year (0.01 percent of federal spending) to
finance textbook writing and production would cover 500 books a year,
assuming an annual cost of $1 million per textbook. After 10 years, 5,000
textbooks would be available in the public domain to be downloaded at
zero cost, or printed out in hard copy for the cost of the paper. 76
In addition to offering enormous cost savings to students, this
system would offer more flexibility to professors, who could combine
chapters from different textbooks without the need for time-consuming
and costly permission requests. Updating a textbook would be much
simpler because there would no need to have a complete new edition to
add one or two additional topics.
This is an area where long-term contracts with private publishers
could work quite well. The contracts in this case, unlike prescription
drugs, could be well defined. Publishers could specify how many books
they intended to produce and the timeline on which they expected to
produce them. Their ability to get subsequent contracts would depend on
the quality of the work and the timeliness of the production. Because all
information the contract, the publication dates, and the books
themselves would be fully public, the problem of political favoritism
should be minimized.
Furthermore, anyone could still produce textbooks under the
copyright system. If the publicly financed texts proved to be inferior, few
professors would use them. This competition would provide a clear
market test of the quality of the publicly financed work.
75 BEA (2016), Table 2.4.5U, line 67. This spending does not correspond exactly to
college textbooks because it refers to educational books, a category that can
include some other books that are not college texts.
76 Because the funding might also be used to finance updates of existing texts, the
number of discrete books published through this system might be somewhat lower.
128 Rigged
TABLE 5-6
Total savings from patent/copyright alternatives
(billions of 2016 dollars)
Recorded music and video material (line 42)
Educational books (line 67)
Recreational books (part of 90)
Prescription drugs (line 131)
Newspapers and periodicals (line 141)
Motion pictures (line 210)
Cable and satellite television and radio services (line 215)
Medical equipment and instruments (Line 6)
Current
spending
$30.8
$10.5
$30.2
$430.0
$61.2
$15.0
$95.0
$94.0
Potential
savings
$15.4
$7.4
$15.1
$315.5
$12.2
$3.0
$19.0
$47.0
Total
$434.6
Source and notes: BEA (2016), Tables 2.4.5U and 5.5.5U, and author's calculations;
see text.
from eliminating tariffs and other trade barriers is widely recognized even
if not universally accepted. However, the public is less aware of the much
greater gap between prices and the cost of production as a result of patent
and copyright monopolies. Economic theory tells us that the costs
associated with this gap are enormously larger than the costs associated
with the traditional trade barriers that remain. There is little reason to
believe that the gain from the innovation and creative work that is induced
by these forms of protection is remotely comparable to the costs,
especially when considering the potential benefits of alternative
mechanisms for providing incentives.
130 Rigged
Chapter 6
Out of Control at the Top: CEO Pay in the
Private and Public Sectors
There is an old joke that conservatives told about left-wing
agitators at the start of the 20th century. The story goes that the speaker
jumps up on the soap box and yells out: If I had two million dollars, I
would give you one. He then says, And if I had two houses I would give
you one. He continues, If I had two pigs. The radical then pauses and
says quietly, wait, I have two pigs.
This perspective seems to describe many of those working against
inequality at our leading nonprofit foundations. While many foundations
now list combating inequality as major part of their agenda, their top
executives often draw paychecks in the high hundreds of thousands of
dollars. For example, the average pay package for the highest paid nonfinancial position at the countrys 10 largest foundations in 2014 was
$820,000.77 This comes to more than 20 times the annual earnings of the
median worker (BLS 2016c).
132 Rigged
income bracket, on which the tax rate is 40 percent, the taxpayer subsidy
on the $820,000 average pay for foundation CEOs would come to
$328,000 a year. Thats a good sized subsidy to be going from taxpayers to
people who are way into the top 1 percent of wage earners.
It would be impressive if one or several of the large foundations
took the presidents pledge and committed itself to keeping the pay of its
own staff under $400,000 a year and also imposing this ceiling on the
institutions that receive grants from the foundation. But, we may not see
this one anytime soon. After all, the foundations may be committed to
fighting inequality, but like the radical with two pigs, there is a limit to
this commitment.
Trends in CEO pay
large, highly profitable companies in Europe, Japan, and South Korea, this
doesnt seem likely.
There also are many examples of CEOs getting exorbitant pay
packages who certainly did not in any obvious way contribute to
generating large amounts of shareholder value. Marissa Mayer, who took
over as CEO of Yahoo in 2012, provides a recent example.
FIGURE 6-1
CEO-to-worker compensation ratio
400
2000: 376
350
2007: 345
300
250
200
2002: 189
2009: 196
150
100
1994: 87
50
0
1965
1970
1975
1980
1985
1990
1995
2000
2005
2010
2015
134 Rigged
79 The calculation of Yahoos value is complicated by the fact that it owns a substantial
stake in Alibaba, the Chinese Internet retailer, and Yahoo Japan, which is a separate
publicly traded company. Most of the value of the traded stock is derived from these
assets, not the value of the company managed by Mayer.
People may end up paying higher taxes than necessary or receiving worse
services than they should, but their personal gain from taking action would
be dwarfed by the amount of time and money they would have to commit
to an effort with an uncertain outcome. By contrast, the direct
beneficiaries of the corruption for example, contractors receiving
excessive payments, have a large stake in maintaining the status quo.
The problem with corporate governance is very similar. In
principle, the shareholders would hire their CEO and other top
management at the market wage, paying them as much as their next best
alternative and no more. 80 However, the structure of modern
corporations does not typically allow for this sort of market transaction in
setting CEO pay.
Stockholders are a diffuse group of individuals and institutions,
most with little direct stake in the running of the company since the
dividends and capital gains are a small portion of their income. Organizing
among shareholders to improve corporate practices and to change top
management has high transaction costs, and so it is far easier for
shareholders to simply sell the stock of a company if they are unhappy with
its performance. In this environment, top management will often have
effective control over the running of a company.
Ostensibly, CEOs and other top management are answerable to
the corporations board of directors, but corporate boards are generally
composed of people who have other demanding jobs and can at best
devote a small fraction of their time to the oversight of the corporation. In
fact, its common for directors to sit on multiple boards, further reducing
the time they can devote to overseeing the operations of any one
company.
One of the champions in this area was Erskine Bowles, who
served as Chief of Staff to President Clinton in his second term and later
went on to be president of the University of North Carolina. While
80 This discussion works from the assumption that the duty of the corporation is
maximizing returns to shareholders. This is a debatable issue, but is accepted as the
standard framing in this chapter. The argument is that corporations are not currently
being run in ways that best serve the shareholders.
136 Rigged
at the next proxy filing. Their fellow directors were apparently willing to
shelter them from the wrath of shareholders.
For these reasons, the pay of top executives is not determined in
anything resembling a normal market. There is little downside to directors
signing off on increasingly excessive pay packages. And it is difficult for
shareholders to override the directors, either by directly forcing down
CEO pay or putting in a more responsible slate of directors.
The amount of money at stake is huge. Lucian Bebchuk, one of
the countrys leading experts on CEO pay, calculated that total
compensation paid to the top five executives at public companies
amounted to $350 billion over the 10-year period from 1993 to 2003
(Bebchuk and Grinstein 2005). Furthermore, the amount going to the top
five executives increased from 5 percent of after-tax profits in 19931995
to 10 percent in 20012003. If this 10 percent figure still held in 2015,
then around $120 billion a year was being paid out to the top five
executives. Cutting this figure in half to its mid-1990s level would imply
savings of $60 billion annually, or a year of SNAP spending, as shown in
Figure 6-2. Cutting it by 75 percent would leave the ratio of the pay of
CEOs to ordinary workers at 70-to-1, more than twice its 1970s level,
and save $90 billion a year, or one-and-a-half years of SNAP.
FIGURE 6-2
Impact of reducing the pay of the top five executives in the
U.S., in units of SNAP spending
1.5
1.0
138 Rigged
140 Rigged
142 Rigged
get her base salary and benefits which will be in the neighborhood of 50
times the compensation of ordinary workers.
We also know that corporate boards are often ignorant of both
their companies activities (how many directors of major banks realized
the bank was on the edge of collapse in the summer of 2008) and the value
of the compensation packages that they are giving to their CEOs.
Moreover, directors face an asymmetric incentive structure in which there
is almost no downside risk associated with supporting management. It is
almost impossible for directors to be voted off boards, and so if they want
to keep a very part-time job that pays several hundred thousand dollars a
year, the easiest path is to go along with management.
Taking all of these factors into account, it is reasonable to believe
that there is a substantial component of rent in CEO pay. In other words,
it should be possible to find competent people who would work hard to
increase profitability and shareholder returns for considerably less pay.
It is worth noting that pay at poorly governed companies will
inevitably affect the pay at well-governed companies. While it is not
common for CEOs to jump companies, having overpaid CEOs at poorly
governed companies in the reference group for determining CEO pay will
tend to increase the pay for CEOs at even the best-run companies. If the
norm is for CEOs at large companies to be paid between $10 million and
$20 million a year, a well-managed company will have a tough time
retaining top-quality executives for $3 million to $4 million a year, even if
that pay package were more appropriate given the marginal contribution
of the CEO to profitability.
The importance of bloated CEO pay for the economy
The issue of high CEO pay is not just a moral question of whether
some people are getting too much money. Bloated pay for CEOs levies a
substantial cost on the economy. But their pay and the pay of those
immediately under them and on down through the corporation is only part
of the picture. The run-up in CEO pay has the effect of raising salaries for
top executives in educational institutions, hospitals, and private charities.
The salaries of these executives can be expected to loosely follow CEO
pay, since the top executives of these organizations can legitimately say
that they could make more in the corporate sector. As a result, nonprofits
have to offer competitive pay to attract people with high-level
management experience.
Table 6-2 shows the pay of the presidents of the countrys 10
largest charitable foundations. The highest paid is James Cuno, who got
just less than $1.1 million in 2014 for serving as president and a trustee of
the J. Paul Getty Trust. The average pay for this group is just over
$856,500. It is interesting to compare this to the pay of the median
worker. According to the Bureau of Labor Statistics (BLS), the median
worker would have earned less than $40,000 in 2014 working the yearround (BLS 2016c). This means that the ratio of Mr. Cunos pay to the
median workers pay was a bit more than 27-to-1 for the year. That is
higher than the ratio of the pay of CEOs to the typical worker in the early
1970s. Taking the average for this group, the ratio is more than 20-to-1.
That is roughly the same as the average ratio for the 1960s, meaning that
the compensation of these foundation presidents is as high relative to the
pay of an average worker as what a CEO would have received 50 years
ago.81
Bloated pay structures also affect the top administrators at colleges
or universities, although at public institutions the biggest paychecks go to
athletic coaches. Table 6-3 shows the top five salaries at the University of
California, Berkeley and the University of California at Los Angeles, along
with the pay of the schools chancellors. It also shows the five highest-paid
employees at five schools in the California State University system.
81 The foundation president is generally not the highest-paid person at the foundation.
In most cases the top-paid person is the chief investment or financial officer. In the
case of the Getty Trust, the treasurer and chief investment officer earned $1.6
million in 2014. The high pay for investment officers reflects the extent to which
pay in finance is out of line with pay in the rest of the economy.
144 Rigged
TABLE 6-2
Pay of presidents of 10 largest charitable foundations (2013 or
closest year)
(2013 dollars)
Person
Sue Desmond-Hellmann
Darren Walker
James Cuno
Risa Lavizzo-Mourey
Sterling Speirn
La June Montgomery
Tabron
Larry Kramer
Carol Larson
Robert Gallucci
Stephen McCormick
Earl Lewis
Don Randel
Foundation
Bill & Melinda Gates Foundation
Ford Foundation
J Paul Getty Trust
Robert Wood Johnson Foundation
W.K. Kellogg Foundation
Annual salary
$897,868
$714,200
$1,083,310
$835,116
$860,008
$434,523
$634,592
$688,399
$666,543
$603,750
$755,189
$392,221
Average salary
$856,571.90
Source and notes: IRS 990 forms of listed institutions. Salaries for Andrew W. Mellon
Foundation and W.K. Kellogg Foundation are part-year.
TABLE 6-3
Five highest-paid employees at selected California schools
(including chancellor or president)
(2014 dollars)
Person/institution
UC Berkeley
Daniel Dykes
Jeff Tedford
Cuonzo Martin
Michael Montgomery
Anne Barbour
Nicholas Dirks
UCLA
James Lawrence Mora
Stephen Todd Alford
Khalil Tabsh
Ronald Busuttil
Abbas Ardehali
Gene Block
Position
Annual salary
Head Coach
Head Coach
Head Coach
Head Coach
Head Coach
Chancellor
$1,805,400
$1,800,000
$1,188,381
$893,149
$634,305
$532,226
$3,476,127
$2,745,341
$2,303,327
$2,232,921
$1,556,331
$430,116
TABLE 6-3
Five highest-paid employees at selected California schools
(including chancellor or president)
CSU Chico
Paul Zingg
President
$344,959
Lorraine Hoffman
Administrator IV
$219,838
Belle Wei
Administrator IV
$204,120
Drew Calandrella
Administrator IV
$202,782
Arnoldus Rethans
Instructional Faculty 12 Month
$198,755
CSU Northridge
Dianne Harrison
President
$304,775
Reginald Theus
Administrator III
$275,808
Harold Hellenbrand
Administrator IV
$227,994
Colin Donahue
Administrator IV
$214,662
Robert Gunsalus
Administrator IV
$210,844
CSU Fullerton
Mildred Garcia
President
$335,486
Anil Puri
Administrator IV
$244,027
Jose Cruz Rivera
Administrator IV
$214,384
Gregory Saks
Administrator IV
$209,883
Dedrique Taylor
Administrator IV
$198,094
CSU Long Beach
Donald Para
President
$244,362
David Dowell
Administrator IV
$218,477
Mary Stephens
Administrator IV
$208,823
Forouzan Golshani
Administrator IV
$200,673
Jeetendra Joshee
Administrator IV
$198,148
CSU Sacramento
Alexander Gonzalez
President
$368,943
Sanjay Varshney
Instructional Faculty Academic Year
$296,958
Ming-Tung Lee
Administrator IV
$207,054
Thomas Sperbeck
Administrator IV
$203,079
Lori Varlotta
Administrator IV
$196,370
Source and notes: Transparent California (2016). Does not include benefits.
One head coach at UCLA earned $3.5 million and another earned
$2.7 million in 2014; two head coaches at Berkeley earn $1.8 million
each. The other high-end earners on this list are heads of medical clinics at
UCLA. The pay of the chancellors at both schools is modest in
comparison: Berkeleys chancellor received $532,000, UCLAs $430,000.
The schools in the California State University system provide an
interesting contrast. The highest-paid person in this group is Alexander
146 Rigged
Person
Institution
Robert Zimmer
University of Chicago
Joseph Aoun
Northeastern University
Dennis Murray
Marist College
Lee Bollinger
Columbia University
Lawrence Bascow
Tufts University
Amy Gutmann
University of Pennsylvania
Anthony Catanese
Florida Institute of Technology
Esther Barazzone
Chatham University
Shirley Ann Jackson
Rensselaer Polytechnic University
Richard Levin
Yale University
Source and notes: Westerholm (2013).
Annual salary
$3,358,723
$3,121,864
$2,688,148
$2,327,344
$2,223,752
$2,091,764
$1,884,008
$1,812,132
$1,752,642
$1,652,543
148 Rigged
150 Rigged
873
903
281
subsidy, if they dont want the subsidy they can pay people whatever like,
but if they want the taxpayers to foot a large part of the bill, then they
have to accept limits.
The President of the United States earns $400,000 a year, and
every four years many people with impressive credentials compete
vigorously for this position. If a foundation, university, or private charity
cant attract good help for this price, perhaps it does not deserve taxpayer
support.
The case of athletic coaches raises interesting issues. The major
college programs compete directly with professional teams that routinely
pay millions of dollars to top coaches, and it is likely that college programs
would have a problem getting and retaining good coaches without offering
comparable pay. However, should these highly visible athletic teams be
getting special tax treatment as a result of their ties to the university?
There is a solid argument for public subsidies for higher education, but the
argument for subsidizing Ohio States football team is less clear cut.
We wouldnt expect a university to own a steel factory or a hotel
chain and then claim special tax treatment for these for-profit businesses.
The athletic programs at major universities are clearly business enterprises
that have nothing to do with the traditional function of the university. If
imposing a $400,000 cap on pay for the head coaches made it impossible
for them to attract top quality talent, then the schools might make a
decision to divest themselves of the affected programs. A private business
could run Ohio State football or University of North Carolina
basketball, there is no reason for taxpayers to be footing a large share of
the cost for these teams. Their fans can pay the cost without a taxpayer
subsidy.
Conclusion: Letting the market work to rein in pay at the top
This chapter has argued that the explosion in CEO pay over the
last four decades is largely attributable to a failure for the current system
of corporate governance to impose effective checks on the pay of top
corporate executives. The pay of CEOs is largely at the discretion of
corporate boards of directors. These directors often owe their job to the
152 Rigged
CEOs and in any case have little incentive to ever try to push CEO pay
down. It is nearly impossible for shareholders to remove directors and
almost no director ever loses their position because of a failure to hold
down the pay of top executives.
In this context the incentives push directors toward going along
with ever higher pay packages. The problem is not only that these lead to
bloated pay for CEOs, but also for the other top executives in the
corporate hierarchy. In addition, the high pay in the corporate sector spills
over to high pay for top executives in private foundations, universities,
and charities. Changing the rules of corporate governance to make it easier
for shareholders to hold down CEO pay and to give corporate directors a
direct incentive to hold down pay would be a market-friendly approach to
applying discipline to CEO pay. Stockholders would never have incentive
to vote for lower CEO pay if they believed that paying less to their top
executive would lead to lower returns to them as shareholders. For this
reason, making it easier for them to reduce CEO pay is very much a
market-oriented reform.
The argument for the nonprofit sector is that these institutions are
paying their top executives with public funds since they benefit from large
tax subsidies. Just as the government puts all sorts of other restrictions on
the activities of organizations receiving tax-exempt status, it can also make
caps on pay a condition. Foundations and universities would still be free to
pay their top executives whatever they wanted, but they wouldnt be able
to receive a subsidy if they violated the pay ceiling.
Chapter 7
Protectionism for Highly Paid
Professionals
The United States will spend more than $3.3 trillion in 2016 on
health care (CMS 2015), more than $10,300 per person and roughly twice
the average for other wealthy countries. But for all this extra spending it is
not clear that we get better quality health care. By some measures, like life
expectancy and infant mortality rates, the United States ranks low among
rich countries. While treatment for some conditions is better here, we
cannot say that the quality overall is better.
A big part of the difference in costs is that our doctors are paid
twice as much as doctors in other wealthy countries. Average pay for
doctors in the United States is over $250,000 a year, and in some highly
paid areas of specialization the average is over $500,000. Paying our
doctors the same as Germany, Canada, and other wealthy countries pay
theirs would reduce our health care bill by close to $100 billion a year.
Doctors are able to maintain such high salaries in large part
because of measures that protect them from competition. We have limits
on the number of people who go to medical school and on the number of
foreign medical school graduates who can enter U.S. residency programs,
154 Rigged
84 There are exceptions, with prominent foreign physicians generally able to get
licensed to practice in the United States, but the typical doctor practicing in Europe
or Canada would not have the option to practice in the United States without
completing a U.S. residency program.
impossible, for them to go this route. The goal of current trade policy is
cheap shoes and steel from the developing world, not low-cost doctors
and lawyers.
Excessive pay for doctors and other high-end professionals, a
group that makes up a large share of the top 1 percent of the wage
distribution, should be thought of as a tax. The rest of the country is
paying more than necessary for health care and a variety of other services.
Freeing up markets for highly paid professionals can both reduce inequality
and lead to more rapid economic growth.
Surveying the landscape of professionals high pay
Physicians are a good place to start, since they are the highest paid
of these professions and there is also a large number of practicing
physicians in the United States. A recent analysis of physicians pay
(Laugesen and Glied 2008) found large differences in pay for both general
practitioners and orthopedic surgeons (the only area of specialization
85 The structure of the income tax, which taxes capital income at a lower rate than
labor income, gives professionals who own their own practice an incentive to have
labor income appear as capital income.
156 Rigged
examined) between the United States and the other wealthy countries
included in the comparison group (Australia, Canada, France, Germany,
and the United Kingdom). Average pre-tax earnings in the United States
for primary care physicians was $186,600 in 2008 dollars, compared to an
(unweighted) average of $121,200 for the other five countries (the U.S.
number would be over $215,000 in 2016 dollars). The average pre-tax
earnings for orthopedic surgeons in the United States was $442,500,
compared to an average of $215,500 in the reference countries.
An analysis by the OECD (Fujisawa and Lafortune 2008) put the
average compensation for general practitioners in the United States in
2004 at $146,000, more than 40 percent higher than the average for the
other countries in the analysis, even when excluding the Czech Republic as
an outlier on the low side. This analysis found an even larger gap between
the pay of specialists in the United States $236,000 in 2003 (in 2003
dollars) and most other OECD countries: $159,000 in Canada,
$153,000 in the United Kingdom, $144,000 in France, and just $93,000
in Denmark. (The Netherlands, where specialists were paid more than in
the United States, was the exception.) The levels and gaps would be
almost 30 percent higher in 2016 dollars.
A more recent analysis suggests that doctors pay in the United
States is somewhat higher than indicated by these earlier studies. A 2012
survey by the Association of American Medical Colleges and American
Medical Group Association put the median pay for family medicine at
$208,900 (Washington Post 2012). The median for general surgeons was
$367,300, for anesthesiologists $372,800, and for cardiologists $422,900.
These figures are striking because there is much more room on the upside
than the downside, the median is almost certainly well below the average.
A factor affecting physician compensation in the United States is
the skewing of the mix of doctors toward specialists. In most other
wealthy countries, close to two-thirds of physicians are general
practitioners and one-third are specialists. In the United States the mix is
in the opposite direction. This difference implies that we pay more for
physicians both because we pay more for each type of physician than in
other wealthy countries and because we have a much larger share of
expensive specialists and relatively fewer primary care physicians. An
158 Rigged
FIGURE 7-1
Physician density in select OECD countries, 1995 and 2012
4.0
4.0
3.6
2.5
3.2 3.3
3.1
2.9
2.7
2.1
France
Germany
1995
Japan
2012
2.5
2.2
1.8
Canada Denmark
2.8
2.3
1.8
Sweden
United
Kingdom
United
States
Source and notes: OECD (2014). Data for Japan for 1995 is the average of 1994 and
1996.
$6,164
$4,402
$2,937
$3,051
Finland
Italy
$3,016
Japan
United Kingdom
United States
Source and notes: World Salaries (2016). Underlying data from International Labour
Organization. Salary for the United Kingdom is a median.
160 Rigged
Type of dentist
Average net income
Median net income
General practitioners
All owners
$183,340
$160,000
All general practitioners
$174,780
$150,000
Specialists
All owners
$344,740
$290,000
All specialists
$322,200
$250,000
All dentists
All owners
$213,690
$180,000
All dentists
$201,920
$170,000
Source and notes: 2015 Survey of Dental Practice from the ADA (2015a).
TABLE 7-2
Average and median net income for dentist specialties
(2014 dollars)
Type of dentist
Average net income
Median net income
Oral and maxillofacial surgeons
$413,410
$348,000
Endodontists
$325,840
$290,000
Orthodontists and dentofacial
$301,760
$245,000
orthopedists
Pediatric dentists
$347,310
$273,000
Periodontists
$257,960
$200,000
Prosthodontists
$221,030
$175,000
Source and notes: 2015 Survey of Dental Practice from the ADA (2015a).
162 Rigged
the Internet, eliminating the need for foreign legal workers to physically
enter the United States.)
Though there are few good measures of the openness of the legal
profession across countries that include the United States, there are
indications that the United States has a less-open legal market than most
other wealthy countries. A recent analysis by the OECD noted that in
2000, the United Kingdom issued 881 work permits to lawyers from the
United States alone. By contrast, the United States issued a total of 775
work permits for lawyers in the same year (Hook 2007). The United
States can certainly be more open to both more foreign lawyers working
in the United States and more legal work being done overseas.
Consistent with the idea of law being a protected profession, a
recent analysis found that the pay of lawyers rose substantially more
rapidly from 1990 to 2000 (49.2 percent) than the pay of PhDs in
engineering (41.0 percent), the life sciences (37.5 percent), and the
natural sciences (29.7 percent) (Freeman 2006). Another study found
that, after controlling for education, experience, and other standard
variables, lawyers enjoyed a pay premium of 49.0 percent (Winston et al.
2011).
Apart from erecting legal barriers that prevent non-lawyers from
engaging in many types of legal work, lawyers can also increase the
demand for their services by ensuring that tasks are more complicated than
necessary in order to force people to hire more lawyers. For example, the
documents associated with closing on a mortgage are now largely
standardized, and it should be possible in most cases to structure them so
that it would not be necessary to have a lawyer review them and be
present at closing. Many states now have standardized forms for wills that
can be downloaded from the Internet. People without extensive assets or
complicated family situations can typically fill out these forms without the
assistance of a lawyer. 87
87 Individual income tax filings is another area that provides a considerable amount of
often unnecessary work for lawyers. It should be possible for the IRS to calculate the
returns of most low- and moderate-income workers and send the completed forms
back to the taxpayer for approval. This is the practice in several European countries.
Adopting this approach would radically reduce the need for tax consultants and for
lawyers to challenge the work of these consultants.
164 Rigged
factors may lead to more need for lawyers, it does not necessarily follow
that they should get higher pay than in other countries. 88
It is worth noting that in recent years there has been somewhat of
a glut in lawyers, with many new law school graduates having difficulty
finding jobs in the profession and others receiving salaries insufficient to
allow repayment of their educational loans. But at the same time, top law
firms are still offering students just out of law school salaries well over
$100,000 a year, suggesting that rents in the legal profession may be
getting distributed to a more narrow group of lawyers.
Cumulative pay and rents
How much would the United States save if, rather than receiving
rents, physicians, dentists, and lawyers earned pay comparable to the
levels paid in other wealthy countries (Table 7-3, Column 4) or if the gap
were cut in half (Column 5)? One might argue that comparisons with
other countries should be adjusted for the United States higher per capita
income of 20 percent, on average, compared with other wealthy
countries, but an adjustment of this size would still leave a large gap.
For physicians pay, we would save $80 billion a year if the gap
were fully eliminated and $40 billion if the gap were cut in half. While the
numbers in the table for average salaries are somewhat imprecise given the
limits of the data and differences across sources, they are consistent with
other findings. For example, the Commonwealth Fund (2006) calculated
that the United States spent $1,362 per capita in 2004 on physicians
services, compared to a median of $482 across the OECD, $319 in
Canada, and $307 in Germany. These differences imply a gap of $270
billion between physicians payments in the United States and the OECD
median and a gap of more than $320 billion between payments in the
United States and payments in Canada and Germany. The Commonwealth
88 There is evidence that a larger number of lawyers per capita is associated with
slower economic growth. Magee et al. (1989) found that more students of law (a
proxy for lawyers) was associated with slower growth.
Funds analysis includes more than just doctors pay, but its numbers are
consistent with the sort of gap shown in Table 7-3.
TABLE 7-3
Potential savings from eliminating rents for doctors, dentists,
and lawyers
(2014 dollars)
Doctors
Dentists
Lawyers
Number
Average
pay
800,000
150,000
1,268,000
$250,000
$202,000
$260,000
Average
pay other
countries
$150,000
$60,000
n.a.
Savings with
no gap
Savings with
50% gap
$80 billion
$21.2 billion
$108.4 billion
$40 billion
$10.6 billion
$54.2 billion
$209.6
$104.8
billion
billion
Source and notes: 2015 Survey of Dental Practice from the ADA (2015a); BLS (2014);
World Salaries (2016); Winston et al. (2011, p. 27); ABA (2013); Author's
calculations; see text.
Total
For dentists, the savings would be $21.2 billion if the gap were
eliminated and $10.6 billion if the gap were cut in half. The comparable
savings for lawyers are $108.4 billion and $54.4 billion. 89
In all, the potential savings if rents were eliminated in these three
professions total $209.6 billion (about 1.2 percent of GDP). Reducing
them by half would save $104.8 billion (about 0.6 percent of GDP). These
calculations indicate there would be large potential savings to consumers
and benefits to the economy if the pay of these professionals can be
brought closer in line with their counterparts elsewhere in the world
without a deterioration in the quality of the services provided. The next
89 Average pay for lawyers in the United States is taken from Winston et al. (2011, p.
27), where the figure of $191,000 for 2000 was adjusted upward by the CPI for
2014. This is an average for lawyers in law firms, so it is likely higher than the
average for all lawyers. On the other hand, it is likely missing the earnings of many
of the most highly paid lawyers who are senior partners who may report earnings as
capital income. For this reason, it is not clear that the number is necessarily too
high. The number of licensed lawyers is from the ABA (2013). Since the data on
international comparisons is limited, the number calculated for the savings with no
gap column is based on the 49.0 percent wage premium calculated by Winston et
al. (2011).
166 Rigged
90 The study did examine two outcome measures to look for evidence of quality being
affected by the substitution of nurse practitioners for doctors, although neither
would seem conclusive. One was infant mortality rates, which showed no change
associated with the increased prescribing authority of nurse practitioners. The other
168 Rigged
was malpractice premiums for doctors, which also did not rise in states with greater
authority given to nurse practitioners. This finding is not necessarily compelling
since the ability to win a malpractice case against a doctor depends on the
responsibilities assigned doctors relative to nurse practitioners in a specific state. If
an error by a nurse practitioner, operating without a doctors supervision, leads to
harm for a patient, it is presumably more difficult to win a malpractice suit against
the doctor than if the nurse practitioner were operating under the doctors
oversight.
170 Rigged
graduate from a dental program in the United States, with the exception
that Canada also now has some programs that are accredited by the United
States as well.
Increased international competition might affect prices and pay in
these highly paid professions through three main routes. The first is by
allowing more foreign-trained professionals to practice in the United
States. The second route is through medical travel, though mostly for
physician services, since the difference in price for dental care might not
be large enough to justify foreign travel. The third route is through the
emigration of U.S. retirees. If retirees could access their Medicare benefits
outside of the United States (and share in the savings from lower cost
health care), they may be more inclined to move abroad, and Medicare
would enjoy the savings from the lower cost of their health care.
Increased use of foreign-trained professionals
highly paid professions from working in the United States could have been
included too.
How many foreign-trained physicians would come to the United
States if there were a standardized licensing process? Data on the number
of foreign-born and foreign-trained physicians now practicing in the
United States can provide a useful point of reference. These are physicians
who in almost all cases completed a U.S. residency program in addition to
their foreign training. According to the American Medical Association
(AMA), approximately 25 percent of practicing physicians in the United
States were international medical graduates (IMG), meaning they
graduated from a medical school outside of the United States (AMA
2016). Roughly a fifth of them graduated from medical schools in the
Caribbean and were likely U.S. citizens who went overseas for medical
school. That leaves roughly 20 percent of practicing physicians who are
foreign born and foreign trained.
The question is how many more IMGs would be practicing in the
United States if foreign trained physicians had the opportunity to take part
in a U.S. equivalent residency program in their home country, and then
have the same right to practice in the United States as a U.S. citizen who
had completed all of their training within the United States. Under current
rules, IMGs are effectively subject to a quota system that limits the
number of residency slots available to them (Desbiens and Vidaillet 2010).
An open system would allow IMGs to have a larger share of the U.S.
residency slots (the quota system suggests that many are rejected in favor
of less-qualified U.S. graduates) and also allow them to receive equivalent
training to residency in their home countries.
In addition to allowing for an increase in the overall supply of
doctors, the logic of greater openness to IMGs is simple: its cheaper to
train doctors in other countries than in the United States. Given the large
gap between the pay of physicians in the United States and other wealthy
countries, and the even larger gap between the pay of physicians in the
United States and developing countries, it is reasonable to expect a large
supply response to a policy that allowed foreign-trained physicians to
practice in the United States as long as they completed an equivalent
residency program.
172 Rigged
94 The projection for the total number of doctors practicing in the United States in
2025 (860,000) is taken from Dill and Salsberg (2008).
Medical travel
Argentina
Spain
Hip replacement
$40,364
$3,565
$7,731
Knee replacement
$25,637
$3,192
$7,827
Heart bypass surgery
$73,420
$8,882
$17,437
Angioplasty
$28,182
$2,851
$9,446
Source and notes: International Federation of Health Plans (2012).
United
Kingdom
$11,889
$7,833
$14,117
$14,366
174 Rigged
Number
(2010)
332,000
719,000
395,000
500,000
Total spending
(millions)
$13,401
$18,433
$29,001
$14,091
Savings per
procedure
$21,799
$7,445
$49,538
$10,331
Total
$74,926
Source and notes: International Federation of Health Plans (2012).
Total savings
(millions)
$7,237
$5,353
$19,568
$5,166
$37,323
The last column shows the potential savings if all the surgeries in
each category in 2010 had been performed in the low-cost country with
the $10,000 travel cost assumption. The savings total $7.2 billion for hip
replacement surgery, $5.4 billion for knee replacements, $19.6 billion for
heart bypasses, and $5.2 billion for angioplasties, and sum to $37.3
billion.
While it is unrealistic to imagine that most of these medical
procedures would be performed in other countries, it is plausible to think
that a substantial fraction might be if insurance companies and government
health programs offered to split the savings with patients. Many people
would be attracted to an offer of several months pay in exchange for
having an operation performed in a high-quality facility in another
country. And since most of these procedures are performed on a nonemergency basis, patients could make plans well in advance with their
families, their regular physicians, and the facilities in the host countries. If
95 Issues connected with medical travel are discussed in Matoo and Rathindran (2006).
176 Rigged
This number will likely increase in the decades ahead even with no change
in policy due solely to the growing share of the foreign-born over-65
population, from 13.2 percent in 2014 to an estimated 18.6 percent in
2035 and to 25.8 percent in 2050 (U.S. Census Bureau 2015). While
there do not appear to be projections for the number of retirees who will
decide to move back to their country of birth, it is reasonable to believe
that the number of older immigrants who opt to spend their retirement
outside of the United States will be larger than the number of native born
retirees.
But the number of retirees who choose to live outside the country
could be substantially larger if the government adopted policies to
encourage emigration. The simple motivation for the government is that
health care is cheaper in other countries, and because the bulk of retiree
health care costs are covered by Medicare and Medicaid, the government
could save substantially by encouraging retirees to take advantage of the
health care systems in other countries. It could reimburse other countries
for the cost of caring for U.S. retirees and still have large savings. 97
Reimbursement agreements such as this are already in place between
countries in the European Union (Footman et al. 2014).
Emigration by retirees would have a sizable impact on the demand
for health care in the United States. According to the Centers for
Medicare and Medicaid Services, the average health care expenses of a
person over 65 are 260 percent of the overall average (CMS 2010). 98 As a
result, in 2010 the over-65 population accounted for almost 34 percent of
total spending even though they were just 13.0 percent of the
population. 99 And this share is projected to rise rapidly over the next two
decades, reaching 20.7 percent by 2035. Assuming no change in the
distribution of health care costs by age implies that the over-65 population
97 There is already an agreement for Social Security benefits under which other
countries integrate their programs with the U.S. Social Security system. This way,
benefits for people who worked in other countries are adjusted for the benefits they
receive from the United States. This is described on page 12 of SSA (2015a).
98 See: https://www.cms.gov/Research-Statistics-Data-and-Systems/StatisticsTrends-and-Reports/NationalHealthExpendData/Age-and-Gender.html.
99 CMS (2010), Table 1; share of the population from SSA (2015b).
178 Rigged
will account for more than 47 percent of health care spending in 2035
(Table 7-7).
TABLE 7-7
Foreign-born shares of over-65 population and over-65 share
of health care spending
(percent)
2014
2035
Foreign-born share
13.2%
18.6%
Over 65 share of total population
13%
20.7%
Over 65 share of health care spending
33.9%
47.2%
Source and notes: U.S. Census Bureau (2015), CMS (2015), and SSA (2016a); see
text.
Over 65
2013
OECD
$3,453
$8,977
average
Australia
$3,866
$10,051
Canada
$4,351
$11,313
Chile
$1,606
$4,175
France
$4,124
$10,722
Germany
$4,819
$12,529
Greece
$2,366
$6,153
Ireland
$3,663
$9,524
Israel
$2,428
$6,312
Italy
$3,077
$7,999
Mexico
$1,048
$2,726
Poland
$1,530
$3,979
Portugal
$2,514
$6,538
Spain
$2,898
$7,536
United
$3,235
$8,410
Kingdom
United
$8,713
$22,655
States
Source and notes: OECD (2015).
Over 65
2035
Gap between
Medicare cost
and cost in
other countries
Gap
including
Medicaid
$12,456
$5,947
$8,847
$13,946
$15,698
$5,793
$14,877
$17,385
$8,538
$13,215
$8,758
$11,099
$3,782
$5,521
$9,072
$10,457
$4,456
$2,705
$12,610
$3,525
$1,018
$9,865
$5,188
$9,644
$7,304
$14,620
$12,882
$9,331
$7,946
$7,356
$5,605
$15,510
$6,425
$3,918
$12,765
$8,088
$12,544
$10,204
$17,520
$15,782
$12,231
$10,846
$11,669
$6,733
$9,633
$31,435
n.a
n.a
100 The projection for per capita spending on Medicare in 2035 is taken from CMS
(2015). These projections run through 2024. Real per capita costs were assumed to
grow at the same rate after 2024 (2.1 percent annually) as they did from 2023 to
2024. The numbers were deflated to 2013 dollars using the CPI-U.
180 Rigged
182 Rigged
Table 7-9 shows the impact on U.S. health care spending after 20
years under the assumptions that 5 percent, 10 percent, and 20 percent of
the retired population decides to emigrate if given the option to use their
Medicare payment to buy into the other countrys health care system.
Projected spending reductions range from 2.4 percent to 9.4 percent, and
it would be reasonable to assume that any of the projections would
correspond with an equivalent reduction in the demand for doctors.
TABLE 7-9
Impact on health care spending in 2035 from varying rates of
emigration
(percent)
Over 65 share of health care spending
47.2%
2.4%
4.7%
9.4%
Low
3%
7.6%
1.5%
2.4%
Total
15%
Source and notes: Author's calculations; see text.
Middle
5%
15.1%
3.0%
4.7%
High
10%
22.7%
5.0%
9.4%
28%
47%
184 Rigged
Low
3%
15.2%
Total
18%
Source and notes: Author's calculations; see text.
Middle
5%
30.2%
High
10%
45.4%
35%
55%
186 Rigged
Lawyers
$68.32
$52.78
$48.10
$62.54
$58.85
$75.14
$66.81
$84.22
$64.72
$103.33
$62.97
$64.79
$82.22
$51.15
$71.43
$54.19
$62.34
$53.64
$54.83
$57.11
$53.08
Paralegals
$26.02
$19.58
$25.46
$24.68
$17.64
$30.05
$25.65
$30.18
$24.63
$28.63
$25.56
$26.12
$21.19
$21.82
$26.77
$22.57
$21.29
$21.77
$25.97
$22.43
$19.40
102 In some states the sample size is too small to provide a reliable estimate.
TABLE 7-12
Hourly pay of lawyers and paralegals, by state
Maryland
$73.98
$31.14
Massachusetts
$71.17
$27.34
Michigan
$56.57
$21.34
Minnesota
$64.93
$23.91
Mississippi
$57.12
$20.23
Missouri
$53.29
$22.23
Montana
$46.20
$18.14
Nebraska
$47.15
$19.54
Nevada
$67.70
$25.11
New Hampshire
$50.27
$23.45
New Jersey
$78.74
$28.88
New Mexico
$61.47
$25.05
New York
$77.52
$29.10
North Carolina
$59.08
$22.10
North Dakota
$53.62
$17.34
Ohio
$52.86
$24.11
Oklahoma
$66.29
$21.30
Oregon
$55.86
$22.69
Pennsylvania
$62.49
$24.66
Rhode Island
$54.68
$26.56
South Carolina
$57.65
$20.31
South Dakota
$40.70
$16.25
Tennessee
$72.89
$22.99
Texas
$66.04
$26.24
Utah
$57.24
$24.13
Vermont
$151.72
$20.40
Virginia
$77.18
$30.83
Washington
$63.22
$24.77
West Virginia
$46.51
$18.59
Wisconsin
$56.05
$22.83
Wyoming
$45.48
$16.90
Source and notes: CEPR analysis of American Community Survey, 20102014 (U.S.
Census Bureau 2014).
188 Rigged
documents at the closing of a house sale. 103 Ideally these processes would
be simple enough that in most cases no legal assistance is required. Many
states have taken steps to simplify some legal processes, but more can be
done.
Many of the highest-paid lawyers are involved in areas of practice
that are strongly associated with rent seeking. Table 7-13 shows the
average compensation of partners in law firms by areas of specialization.
Partners have the highest compensation in corporate, intellectual
property, and tax and ERISA (Employee Retirement Income Security Act)
law. Table 7-14 shows the number of lawyers in each area of practice.
Intellectual property law stands out as a large and growing area of law,
employing almost 12 percent of all lawyers in 2014.
While it is not possible to eliminate the sorts of legal actions that
create demand for lawyers in corporate law, the demand for lawyers in
intellectual property law is entirely the result of patents, copyrights, and
other types of intellectual property claims. The extension of these forms
of property in length and scope has naturally led to increased demand for
lawyers services. One of the main benefits of intellectual property reform
would be a reduction in the resources tied up in legal actions related to
these claims.
TABLE 7-13
Average compensation for partners by practice area
(2014 dollars)
2014
Litigation
$700,000
Corporate
$893,000
Intellectual property
$855,000
Labor and employment
$503,000
Tax/ERISA
$832,000
Real estate
$573,000
Other
$620,000
Source and notes: Major, Lindsey & Africa (2014), Partner Compensation Survey.
103 This is an area that seems ripe for a new business that could use trained paralegals to
handle the necessary legal documents for a house closing at a fraction of the cost
charged by lawyers.
TABLE 7-14
Number of lawyers by area of practice
(number of lawyers)
Litigation
Corporate
Intellectual property
Labor and employment
Tax/ERISA
Real estate
Other
2010
254,259
252,273
142,359
87,402
56,281
85,415
325,108
2012
297,398
217,004
154,744
84,021
70,118
64,678
357,241
Total 1,203,097
1,245,205
Source and notes: Major, Lindsey & Africa (2014) and ABA (2013).
2014
343,865
225,546
155,294
99,216
62,857
63,473
340,168
1,290,419
190 Rigged
Chapter 8
The Political Economy of an Anti-RentSeeking Equality Agenda
Progressives have long been suspicious of the market. Some see it
as an aberration to be contained, if not actually overcome. In the extreme
case, the goal is some form of central planning in which the government
makes the bulk of decisions on allocating resources. More tempered
versions have the government taking possession of key industries, with
smaller firms and less-consequential sectors left in private hands. The
social democratic vision dominant in Western Europe leaves the market
largely in private hands. The government provides a safety net to ensure
health care, education, and other basic needs, and it acts to redistribute
economic gains to partly reverse inequality created by the market, at least.
However, neither vision takes into account the notion that the
government structures the market in fundamental ways that determine
market outcomes. Both visions largely accept the view of the market held
by Friedman-esque conservatives that it is a fact of nature. Undesirable
outcomes such as poverty or extreme inequality are givens, and the issue is
the extent to which we want the government to supplant the market or
ameliorate its effects.
192 Rigged
output simply because there is not enough demand in the economy. With
more demand, the economy will produce more, more workers will have
jobs, and in principle everyone can be better off.
The potential gains from maintaining a full-employment economy
are enormous compared to almost any other policy. In 2008, before the
severity of the recession was clear, the CBO projected that GDP in 2015
would be $20.5 trillion in 2016 dollars, $2.3 trillion more than it actually
was in 2015. The cumulative gap between the CBOs 2008 projection and
actual GDP from 2008 to 2015 is more than $13.5 trillion, which comes
to $42,000 for every person in the United States. Even if we assume that
the CBO hugely overstated the economys potential back in 2008, the lost
income would still be enormous.
We dont have to speculate about the benefits from a fullemployment policy since we experienced it in the late 1990s. In 2000,
when the unemployment rate fell to 4.0 percent as a year-round average,
the economy was 11.7 percent larger than the CBO had projected it
would be back in 1996. This difference is the equivalent of $2.2 trillion in
the economy of 2016, or $6,800 per person.
The gains from getting to full employment will not be evenly
shared. They will go disproportionately to blacks and Hispanics and to
people with less education. This was the case in the boom of the late
1990s, though its not clear that there need be losers at all. The profit
share of income may drop somewhat, but if the pie is larger, businesses
can still come out ahead. After all, few corporations saw 2000 as a
disastrous year.
The impact of full employment will vary across sectors. Businesses
that depend on low-wage labor will face difficulties as workers with better
options either leave or demand higher pay to stay. A predictable result of a
full-employment economy is that we will have fewer convenience stores
and fast food restaurants, since some of these businesses will not be
profitable if workers are paid a substantially higher wage.
Other businesses may take a hit as wages for many of their
employees rise rapidly due to a tight labor market. For example, the
clerical staff at a legal firm or the custodians in a software company can be
expected to receive higher pay in a tight labor market, and their gains may
194 Rigged
have some modest effect in reducing profits if the costs cannot be fully
passed along.
However, some businesses will benefit from an increase in
demand. Traditionally, a major beneficiary of a high-employment
economy has been the manufacturing sector. Auto and steel manufacturers
can expect to see higher profits as increased demand pushes them closer to
capacity. Their ascent may be somewhat less lofty today than it was 30 to
40 years ago as these companies are increasingly competing in a global
market, but most manufacturing firms are still likely to see an increase in
demand as a net positive for their bottom lines.
If there is an industry that is a plausible loser from a strong
economy it would be the financial sector. Banks and other financial firms
will almost always have a large volume of long-term loans on their books.
While securitization has reduced the volume of loans that these firms are
likely to hold on their books, they are almost certain to still be on net
holders of long-term debt. They stand to lose if increased wages lead to
price increases and higher inflation. Since their loans are almost always set
at a fixed rate, e.g., a five-year car loan at 4.0 percent interest, the value
of the repayment will decline if inflation rises.
To take the simplest case, if they offered the 4.0 percent car loan
with an expectation that inflation would be 1.5 percent, the bank would
have expected a real interest rate of 2.5 percent (4.0 percent minus 1.5
percent). If the inflation rate ends up being 2.5 percent then the real
interest rate on this loan falls to 1.5 percent (4.0 percent minus 2.5
percent). The bank will then have taken a large loss on this loan since it
will be getting substantially less money in real terms than it had anticipated
due to the rise in the inflation rate.
Fear of inflation is why many financial firms are opposed to fullemployment policies. They may see little gain from the prospect of more
growth and lower unemployment (bankers and their families are not the
ones typically hurting in a recession), while they face a big risk to their
profits if full employment leads to higher inflation. But different businesses
within the financial sector may have different interests. Increased growth
will increase the opportunity for making loans, a clear source of profit.
And a stronger economy will improve the average quality of loans,
reducing the number of defaults. Since banks can take large hits on
defaulted loans, a lower default rate is a big plus for the financial sector.
Nonetheless, the financial sector does seem to be the place where there
are the greatest concerns over inflation, and for this reason, the greatest
source of pressure against full-employment policies that could lead to
more inflation.
But obstacles to full-employment policies exist well beyond those
sectors with a direct interest in preventing inflation and keeping workers
from gaining more bargaining power. Tens of millions of ordinary
workers, who would win from expansionary fiscal and monetary policies
designed to lower the unemployment rate, staunchly oppose these
policies.
The problem is the prevailing myths about the virtues of austerity
and fears about easy money. Polls and focus groups regularly find that the
story that the government budget is like a family budget has enormous
appeal, but few people have a clear enough understanding of the economy
to recognize that this analogy is inappropriate. Everyone understands that
using credit cards to balance income and spending each month will lead to
trouble. The idea that the governments finances are qualitatively different
that the government does not face the same constraints as a family
strikes most people as bizarre and fanciful.
The same attitudes apply to expansionary monetary policy. The
notion that the government can print money and thereby create wealth
seems crazy. Everyone has heard stories of Weimar Germany, or more
recently Zimbabwe, where governments facing economic crises sought to
resolve their problems by printing money. It is difficult to distinguish the
idea of printing money when demand is weak and printing money when
the government cant pay its bills. If these two situations look similar to
people, it is understandable that they would prefer to be on the safe side
and avoid the risk of hyperinflation. This preference for security probably
explains the continuing appeal of the gold standard even for an economy
that has been suffering from too little inflation rather than too much. 104
104 It is also true that few people have any clear idea of the actual rate of inflation in the
economy. Most people are not following economic statistics closely. Their
196 Rigged
105 The private equity billionaire Peter Peterson has devoted a substantial portion of his
wealth to supporting organizations that promote fears of budget deficits. This list
includes the Concord Coalition, Fix the Debt, the Committee for a Responsible
Federal Budget, and others.
198 Rigged
shorter hours, since workers can more easily be compensated for layoffs.
In the longer term, the German experience speaks to trends in work
hours. In other wealthy countries, the length of the average work year
decreased dramatically over the last four decades. A benefit of shorter
work weeks is that more workers have the opportunity to work at betterpaying jobs.
There has been some progress in both areas in recent years in
large part because these are policies that can be put in place at the state
level or in some cases even the local level. In terms of unemployment
benefits, 29 states and the District of Columbia now have a work-sharing
(short-time compensation) program as part of their system of
unemployment insurance. Take-up rates have been low because many
employers are unaware of the program and because the system is highly
bureaucratic and difficult for employers to use. However, this is an area
where progress can, in principle, be made without too much difficulty. It
should be possible to better publicize work-sharing programs so that
employers at least know they have the option as an alternative to layoffs.
And if the existence of work-sharing programs were more widely known,
workers may pressure their employers to go the work-sharing route. As
for the bureaucratic side, most of the existing programs were designed in
the late 1970s or early 1980s. In many cases, they require filing forms on
paper. There are also many aspects of these programs that unnecessarily
make work sharing far more difficult for employers than just laying off
workers. In order for take-up rates to expand significantly, the rules must
be adapted so that they dont impose needless burdens. 106
In terms of hours more generally, the incentive for companies in
the United States is to have fewer workers putting in longer hours rather
than to have more workers worker fewer. The issue is overhead costs per
worker, but those costs are falling as employers reduce their benefits
defined benefit pensions, for example, are rapidly disappearing from the
private sector and as the Affordable Care Act (ACA) reduces the
dependence of workers on employer-provided health insurance. While the
106 The federal government set aside money for the modernization of the program and
provided subsidies to states to use work sharing (Baker and Woo 2012).
200 Rigged
107 There is also reason to believe that taking the benefits of productivity growth in
leisure rather than income will have environmental benefits (Rosnick 2013).
202 Rigged
country comes ahead by having less of its savings effectively taxed away by
the financial industry. 108
Of course, the politics of targeting waste in the financial industry
will be difficult. Just as autoworkers would resist a trade pact that is likely
to lead to wide-scale job loss in the auto industry, the financial industry
will resist any proposal to reduce its income. But the financial industry has
representatives in the places of power. Top officials in administrations of
both parties are drawn from the financial industry. For Treasury
Secretary, George W. Bush installed Henry Paulson, a former Goldman
Sachs CEO; Bill Clinton installed Robert Rubin, also a former Goldman
Sachs CEO; and Barack Obama installed Jack Lew, formerly a top
executive at Citigroup. The top ranks of all three administrations were
chockfull of representatives of the financial industry who would do
everything in their power to block efforts to eliminate waste there. After
all, were talking about their friends incomes, not autoworkers
paychecks.
The power of the financial industry will make it difficult to enact
measures at the national level to tax financial transactions or to break up
too-big-to-fail banks. But that hardly means that progressives should not
continue to draw attention to the waste and high-end rents. Also, it would
be possible for states with major financial centers (e.g., New York and
Illinois) to impose modest financial transactions taxes on the trades that
take place there. But since these trades can migrate fairly easily to other
financial centers within the country, the taxes would have to be
considerably lower than the levels that would be possible nationally.
It is possible to take other, more direct action at the state level to
reduce other sources of waste in the sector. For example, any state (or set
108 The prospects of London in the post-Brexit era may provide insights into the plight
of a financial center after the industry has been downsized. London is virtually
certain to lose jobs in the financial industry under a Brexit, but it remains to be seen
whether the net effect will be positive or negative for people not working in the
industry. While the media are reporting declines in house prices as bad news, the
opposite is true for Londoners (or potential Londoners) who dont own a house or
condo. The prospect of lower rent and the possibility of paying less for a house in
the future is unambiguously good news for them.
204 Rigged
206 Rigged
monopolies raise prices because they have become so used to paying high
prices and are unaware that high-quality generic versions are selling in, say
India, for less than 1 percent of the U.S. price. These differences are
incredible both at the level of the individual drug and also at the aggregate
level. It is unlikely that even many economists are aware of the hundreds
of billions of dollars of additional spending on drugs, tests, and medical
equipment each year as a result of their protected status. This sum is far
larger than what is at stake in most policy disputes.
One way to publicize these differences is to take advantage of
them. Insofar as possible, people can attempt to buy generic versions of
drugs in countries where they are available. In the case of some new drugs,
which are priced at more than $100,000 for a course of treatment, it
would be easy to cover the cost of an extended stay in India or other
countries, bring along family members, and still have enormous savings.
While this is far from an ideal way to receive medical care, it is certainly
better than going without care or mortgaging a house and draining savings
to cover the cost of medications. There is a basic principle that everyone
should understand: drugs are cheap, but patents and other forms of
protection make them expensive.
The other route is to increase the room for non-patent-supported
R&D wherever possible. As noted in Chapter 5, it is not plausible that the
country will flip over all at once from a system that relies on patent
monopolies to one that relies on publicly funded research for prescription
drugs and medical equipment. But publicly funded clinical trials could be a
midway step. The government would contract with private companies,
through a process of competitive bidding, to conduct clinical trials of
chemicals that were either already in the public domain or to which the
company bought the rights. The results would be publicly posted for
doctors and researchers, and the drugs themselves would be available as
generics once they had been through the FDA approval process so that
anyone would be able to produce them.
This system of publicly funded clinical trials can be infinitely sliced
and diced. There could public funding of trials in just some areas (for
example, cancer drugs) which would require a relatively small portion of
the funding now going to the National Institutes of Health. The payoff
110 Doctors Without Borders is already engaged in a process along these lines with its
Drugs for Neglected Diseases Initiative (http://www.dndi.org/). While this project
has produced an enormous return on the money invested, it is explicitly targeted on
diseases that primarily afflict poor people in the developing world. Therefore, it
does little to affect thinking on the process of drug development in wealthy
countries.
111 This idea was suggested to me by Jamie Love, the director of Knowledge Ecology
International.
208 Rigged
credit of $50 per adult. To be eligible for the credit, a creative worker
would not only have to forego copyright protection for a period of time,
but he or she would also have to physically live in the city for at least eight
or nine months of the year. Donations by three quarters of the population
(a high share, but its free, since the donor gets a full tax credit) would
create a pool of $7.5 million to support creative workers.
Since these workers would be required to live in the city much of
the year, they would have an incentive to perform their music or plays,
conduct writing workshops, or perform other work that would both
support them and increase their visibility to people deciding what to do
with their tax credit. It is easy to envision a scenario in which this sort of
influx brings in enough tourist revenue to more than cover the cost of the
tax credit. Of course, this would be an easier proposition if a creative
foundation were prepared to put up part of the cost.
In any case, this and many other mechanisms can increase the
supply of material supported outside of the copyright system. As more
free material becomes available, it will be more difficult and irrelevant to
maintain copyright as we know it.
Reining in CEO pay: Getting corporations to serve their
shareholders
Chapter 6 noted the explosion in CEO pay over the last four
decades and argued that this was the result of a failed corporate
governance structure, rather than the increased value that CEOs were
providing to shareholders. The argument is that the corporate directors
who most immediately determine CEO pay largely owe their jobs to top
management. They have little incentive to ever challenge a CEO pay
package since they risk angering the CEO and their fellow board members
by pressing the issue. In contrast, virtually no director ever loses their job
because of allowing an excessive pay package for CEOs and top
management.
Insofar as this story accurately describes the rise in CEO pay, the
appropriate political strategy involves making it easier for shareholders to
exercise control over the company they are supposed to own. Chapter 6
210 Rigged
limiting what nonprofit institutions can pay their presidents or other top
officials. It is only limiting what they can pay them while getting a subsidy
from taxpayers. This is a measure that also can be put in place at the state
level. While the most important tax subsidy is allowing contributors to
write off the donation on their taxes, most states exempt nonprofits from
paying sales taxes and often property taxes. They could in principle make
eligibility for this special tax treatment contingent on accepting limits on
pay. As a practical matter, it is unlikely that states would have to worry
much about nonprofits fleeing. Harvard is unlikely to leave Massachusetts
even if it were forced to reduce its presidents pay to $400,000 a year
the salary of the President of the United States as a condition of special
tax treatment.
Pressure on individual institutions by students, faculty, and alumni
could prove effective. And some schools going this route would put
pressure on others to follow. The fruit of lower pay for those at the top is
lower tuition costs and more money available for other employees.
Protectionism for high-paid professionals
The last major form of rent discussed in this book is the pay of
highly educated professionals, like doctors, dentists, and lawyers. These
professionals are paid far more than their counterparts in other wealthy
countries. As noted in Chapter 7, if doctors in the United States were paid
the same as their counterparts in other wealthy countries it would save
roughly $100 billion a year in health care costs.
Its not an accident that the pay of these workers has not been put
under pressure by globalization. It was the result of deliberate policy
decisions to largely protect these highly educated workers from foreign
and even domestic competition. In the case of doctors, foreign-trained
doctors are largely excluded from practicing medicine in the United
States.
The issues with domestic forms of protection in highly paid
professions are likely to become more serious as technology makes it
possible for many relatively complex tasks to be performed by
professionals with lower levels of training. For example, advances in
212 Rigged
couldnt take advantage of this opportunity for cost savings. States could
offer their Medicaid patients the option to get major operations overseas,
while splitting the savings, as an alternative to having procedures done in
the United States. They could also write rules for insurers to facilitate such
arrangements. In addition, a solid international licensing system for
medical facilities would be helpful for ensuring quality standards, as would
clear rules on malpractice. Allowing more people to take advantage of
low-cost health care in other countries will directly put downward
pressure on prices in the United States by reducing demand. It can also
have the beneficial political effect of allowing people to see first-hand that
the quality of care in many other countries is comparable to that in the
United States.
In principle, it would be possible to make similar arrangements
with Medicare. The cost of providing health care to our retirees is more
than twice as much per person as in other wealthy countries. This creates
the potential for large gains if Medicare beneficiaries are given the
opportunity to use their Medicare to buy into health care systems in other
countries. The gap between the cost of providing care under the Medicare
system and the cost of providing health care through another countrys
health care system could be shared between the beneficiary and the U.S.
government. This would also reduce the demand for domestic medical
services while educating people about the quality of health care in other
countries.
Here also the doctors lobbies will furiously fight the idea of
globalizing Medicare. While it would be hard to overcome their
resistance, it is a case where the doctors are clearly the enemies of
globalization and relying on old-fashioned protectionism to maintain their
bloated pay. If doctors were treated the same way as textile workers and
autoworkers in trade pacts, they would face massive job loss and plunging
paychecks.
There are similar, if less dramatic stories, with the other highly
paid professions. There are enormous potential gains from opening them
up to international competition. It is only the political power of these
relatively highly paid workers that prevents them from being subject to the
214 Rigged
All of the changes outlined in the previous chapters are not likely
to happen anytime soon. But the point of this book is that the distribution
of income can be hugely altered by restructuring the market to produce
different outcomes. This doesnt dismiss the value of tax and transfer
policies, but if the market is rigged to redistribute ever more income
upward, it will be difficult to design tax and transfer policies to reverse
this effect. And if the rigging efforts are never challenged, then they will
impose an ever greater burden on those trying to reduce inequality
through tax and transfer policy.
Table 8-1 shows the range of the gains from restructuring the
market. The total comes to almost $2 trillion in additional income in 2016
in the low-end case, $3.7 trillion in the high-end case. Expressed as units
of SNAP spending (Figure 8-1), the low-end amount is equal to 27.1
units and the high-end amount just under 50. In short, there is a lot of
money at stake here.
This calculation requires several important qualifications. First,
more than half of these potential gains are associated with full-employment
policy. The high-end number is based on a projection of GDP that assumes
the 2008 crash either never happened or that we responded to it quickly
and aggressively enough to quickly restore GDP back to its potential. Of
course, that didnt happen, and we cant rewrite the past. The result of
the crash and subsequent policy failures has to been to permanently reduce
potential GDP, both as a result of a lower capital stock and also due to
some people likely permanently leaving the labor force. The lower figure,
which assumes that we can make up half of the gap between the pre-crash
projection of potential GDP and actual output, is more realistic but still
optimistic.
The second qualification is that not all of this money would be
transferred from the rich to everyone else. For example, if we increased
GDP back to its potential, some of the gains would go the 1 percent. And
Low
$1,115
$460
$217
$90
$100
High
$2,300
$636
$434
$145
$200
$1,982
$3,715
FIGURE 8-1
Gains from restructuring markets, in units of SNAP spending
30.6
Units of SNAP spending
High Estimate
Low Estimate
14.8
8.5
6.1
5.8
2.9
Full Employment
Eliminating
Ending
Policy
Financial Sector Patent/Copyright
Waste
Monopolies
1.9
1.2
Reforming
Corporate
Governance
2.7
1.3
Ending
Protection in
High-Paid
Professions
216 Rigged
Chapter 9
Rewriting the Narrative on Economic
Policy
The standard framing of economic debates divides the world into
two schools. On the one hand, conservatives want to leave things to the
market and have a minimal role for government. Liberals see a large role
for government in alleviating poverty, reducing inequality, and correcting
other perceived ill-effects of market outcomes. This book argues that this
framing is fundamentally wrong. The point is that we dont have market
outcomes that we can decide whether to interfere with or not.
Government policy shapes market outcomes. It determines
aggregate levels of output and employment, which in turn affect the
bargaining power of different groups of workers. Government policy
structures financial markets, and the policy giving the industry special
protections allows for some individuals to get enormously rich.
Government policy determines the extent to which individuals can claim
ownership of technology and how much they can profit from it.
Government policy sets up corporate governance structures that let top
management enrich itself at the expense of shareholders. And government
218 Rigged
References 219
References
Alichi, A. et al. 2016. Income Polarization in the United States.
Washington, D.C.: IMF. IMF Working Paper, WP/16/121.
http://www.imf.org/external/pubs/ft/wp/2016/wp16121.pdf.
American Bar Association (ABA). 2013. Total National Lawyer Counts,
18782013. Chicago, Ill.: ABA.
http://www.americanbar.org/content/dam/aba/administrative/market
_research/total_national_lawyer_counts_1878_2013.authcheckdam.pdf.
American Dental Association (ADA). 2015a. Income, Gross Billings, and
Expenses: Selected 2014 Results From the Survey of Dental Practice.
Chicago, Ill.: ADA.
http://www.ada.org/~/media/ADA/Science%20and%20Research/HPI
/Files/HPIData_SDPI_2014.ashx.
American Dental Education Association (ADEA). 2014. The Canadian
Experience With Reciprocal Agreements Based on Accreditation.
Washington, D.C.: American Dental Education Association.
http://www.adea.org/WorkArea/DownloadAsset.aspx?id=25645.
American Medical Association (AMA). 2016. IMGs in the United States.
Chicago, Ill.: AMA. http://www.ama-assn.org/ama/pub/aboutama/our-people/member-groups-sections/international-medicalgraduates/imgs-in-united-states.page.
220 Rigged
Anis, Aslam H. et al. 2005. When Patients Have to Pay a Share of Drug
Costs: Effects on Frequency of Physician Visits, Hospital Admissions and
Filling of Prescriptions. CMAJ, Vol. 173, No. 11.
http://www.cmaj.ca/content/173/11/1335.short?citedby=yes&legid=cmaj;173/11/1335.
Angel, James et al. 2015. Equity Trading in the 21st Century: An
Update. Quarterly Journal of Finance (QJF), Vol. 5, No. 1, pp. 1550002-1
1550002-39.
http://EconPapers.repec.org/RePEc:wsi:qjfxxx:v:05:y:2015:i:01:p:155
0002-1-1550002-39.
Appelbaum, Eileen and Rosemary Batt. 2014. Private Equity at Work: When
Wall Street Manages Main Street. New York, N.Y.: Russell Sage Foundation.
https://www.russellsage.org/publications/private-equity-work.
_____. 2016. Are Lower Private Equity Returns the New Normal?
Washington, D.C.: Center for Economic and Policy Research.
http://cepr.net/publications/reports/are-lower-private-equity-returnsthe-new-normal.
Baker, Dean. 2002. The Run-Up in Home Prices: Is it Real or Is it
Another Bubble? Washington, D.C.: Center for Economic and Policy
Research. http://cepr.net/publications/reports/the-run-up-in-homeprices-is-it-real-or-is-it-another-bubble.
_____. 2008. Plunder and Blunder: The Rise and Fall of the Bubble Economy.
Oakland, Calif.: Berrett-Koehler.
_____. 2016. Rents and Inefficiency in the Patent and Copyright System:
Is There a Better Route? Washington, D.C.: Center for Economic and
Policy Research. Working Paper.
http://cepr.net/images/stories/reports/rents-inefficiency-patents-201608.pdf?v=2.
References 221
Baker, Dean and Nicole Woo. 2012. States Could Save $1.7 Billion Per
Year With Federal Financing of Work Sharing. Washington, D.C.:
Center for Economic and Policy Research.
http://cepr.net/publications/reports/states-could-save-17-billion-peryear-with-federal-financing-of-work-sharing.
Bakija, J., A. Cole, and B. Heim. 2012. Jobs and Income Growth of Top
Earners and the Causes of Changing Income Inequality: Evidence From
U.S. Tax Return Data. Manuscript, Williams College.
Barnhart, Scott W, Michael F. Spivey, and John C. Alexander. 2000. Do
Firm and State Antitakeover Provisions Affect How Well CEOs Earn
Their Pay? Managerial and Decision Economics, Vol. 21, No. 8, pp. 31528.
Beauchamp, Zack. 2016. If You're Poor in Another Country, This Is the
Scariest Thing Bernie Sanders Has Said. Vox.com, April 5.
http://www.vox.com/2016/3/1/11139718/bernie-sanders-tradeglobal-poverty.
Bebchuck, Lucian Arye and Yaniv Grinstein. 2005. The Growth of
Executive Pay. Cambridge, Mass.: Harvard Law School. John M. Olin
Centers Program on Corporate Governance Discussion Paper No. 510.
Bebchuck, Lucian Arye and Jesse Fried. 2006. Pay Without Performance: The
Unfulfilled Promise of Executive Compensation. Cambridge, Mass.: Harvard
University Press.
Bertrand, Marianne and Sendhil Mullainathan. 2001. Are CEOs
Rewarded for Luck? The Ones Without Principles Are. Quarterly Journal
of Economics, Vol. 116, No. 3, pp. 90132.
Bessen, James. 2005. Open Source Software: Free Provision of Complex
Public Goods. Harpswell, ME: Research on Innovation. Working Paper.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=588763.
Bessen, James E. and Michael J Meurer. 2014. The Direct Costs From
NPE Disputes. Cornell Law Review, Vol 99, No. 387.
222 Rigged
Bessen, James E., Jennifer Ford, and Michael J. Meurer. 2012. The
Private and Social Costs of Patent Trolls. Regulation, Vol. 26, Winter
20112012.
Boldrin, Michele, Juan Correa Allamand, David K. Levine, and Carmine
Ornaghi. 2011. Competition and Innovation. Cato Papers on Public Policy,
Vol. 1, pp. 10963.
Boldrin, Michele and David D. Levine. 2013. The Case Against Patents.
Journal of Economic Perspectives, Vol. 27, No. 1, pp. 322.
Bordo, Michael and Andrew Filardo. 2005. Deflation in a Historical
Perspective. Basel, Switzerland: Bank for International Settlements. BIS
Working Paper No 186. http://www.bis.org/publ/work186.pdf.
Bumiller, Elisabeth. 1996. Ascap Asks Royalties From Girl Scouts, and
Regrets It. New York Times, December 17.
http://www.nytimes.com/1996/12/17/nyregion/ascap-asks-royaltiesfrom-girl-scouts-and-regrets-it.html.
Bureau of Economic Analysis (BEA). 2016. National Income and Product
Accounts. Washington, D.C.: BEA.
Bureau of Labor Statistics (BLS). 2014. Occupational Outlook
Handbook: Healthcare, Dentists. Washington, D.C.: BLS.
http://www.bls.gov/ooh/healthcare/dentists.htm.
_____. 2016a. Labor Force Statistics From the Current Population
Survey. Washington, D.C.: BLS. http://www.bls.gov/cps/.
_____. 2016b. 27-3020 News Analysts, Reporters and Correspondents.
Washington, D.C.: BLS.
http://www.bls.gov/soc/2010/soc273020.htm.
_____. 2016c. Table 1. Median Usual Weekly Earnings of Full-Time
Wage and Salary Workers by Sex, Quarterly Averages, Seasonally
Adjusted. Washington, D.C.: BLS.
References 223
224 Rigged
References 225
226 Rigged
References 227
228 Rigged
References 229
230 Rigged
References 231
Kocieniewski, David. 2011. But Nobody Pays That; At G.E. on Tax Day,
Billions of Reasons to Smile. New York Times, March 25.
http://query.nytimes.com/gst/fullpage.html?res=9E07E5DE1131F936
A15750C0A9679D8B63.
Kovacs, Eszter et al. 2014. Licensing Procedures and Registration of
Medical Doctors in the European Union. Clinical Medicine, Vol. 14, No.
3, pp. 22938.
http://www.clinmed.rcpjournal.org/content/14/3/229.long.
Landes, William M. and Richard A. Posner. 2004. The Political Economy
of Intellectual Property Law. Washington, D.C.: AEI-Brookings Joint
Center for Regulatory Studies.
Lane, Charles. 2016. The Sanders-Pope Moral Economy Could Hit the
Income Inequality Fight. Washington Post, April 13.
https://www.washingtonpost.com/opinions/the-sanders-pope-francismoral-economy-could-hurt-the-income-inequalityfight/2016/04/13/8007b80a-01ae-11e6-92037b8670959b88_story.html.
Lanjouw, Jean O. 1998. The Introduction of Pharmaceutical Product
Patents in India: Heartless Exploitation of the Poor and Suffering?
Cambridge, Mass.: National Bureau of Economic Research. Working
Paper 6366.
Lanjouw, Jean O. and Josh Lerner. 2001. Tilting the Table? The Use of
Preliminary Injunctions. Journal of Law and Economics, Vol. 44, No. 2, pp.
573603.
Lanjouw, Jean O. and Mark Schankerman. 2001a. Characteristics of
Patent Litigation: A Window on Competition. RAND Journal of Economics,
Vol. 32, No. 1, pp. 12951.
_____. 2001b. Enforcing Intellectual Property Rights. Cambridge,
Mass.: National Bureau of Economic Research. Working Paper 8656.
232 Rigged
References 233
Marriage, Madison. 2016. BlackRock Slammed Over Too Many Votes for
High Pay. Financial Times, May 22. http://www.asyousow.org/wpcontent/uploads/2016/05/20160524-Financial-TimesBlackRock_slammed_over_too_many_votes.pdf.
Marshall, Ric and Linda-Eling Lee. 2016. Are CEOs Paid For
Performance? Evaluating the Effectiveness of Equity Incentives. New
York, N.Y.: MSCI.
https://www.msci.com/documents/10199/91a7f92b-d4ba-4d29-ae5f8022f9bb944d.
Martin, Andrew. 2010. Bank of America to End Debit Overdraft Fees.
New York Times, March 9. http://www.nytimes.com/2010/03/10/yourmoney/credit-and-debit-cards/10overdraft.html.
Matheson, Thornton. 2011. Taxing Financial Transactions: Issues and
Evidence. Washington, D.C.: IMF. IMF Working Paper WP/11/54.
https://www.imf.org/external/pubs/ft/wp/2011/wp1154.pdf.
Matoo, Aaditya and Randeep Rathindran. 2006. How Health Insurance
Inhibits Trade in Health Care. Health Affairs, Vol. 25, No. 2, pp. 35868.
http://content.healthaffairs.org/content/25/2/358.long.
Mayer, Gerald. 2004. Union Membership Trends in the United States.
Ithaca, NY: Cornell University, ILR School.
http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1176
&context=key_workplace.
McNeil, Douglas G. Jr. 2015. Curing Hepatitis C, in an Experiment the
Size of Egypt. New York Times, December 15.
http://www.nytimes.com/2015/12/16/health/hepatitis-c-treatmentegypt.html.
Medley, Bill. 2013. Riegle-Neal Interstate Banking and Branching
Efficiency Act of 1994. Washington, D.C.: Federal Reserve Board.
http://www.federalreservehistory.org/Events/DetailView/50.
234 Rigged
References 235
236 Rigged
Pollack, Andrew. 2016. Makers of Humira and Enbrel Using New Drug
Patents to Delay Generic Versions. New York Times, July 15.
http://www.nytimes.com/2016/07/16/business/makers-of-humiraand-enbrel-using-new-drug-patents-to-delay-generic-versions.html.
Prequin. 2014. 2014 Preqin Global Private Equity Report. London,
U.K.: Prequin.
https://www.preqin.com/docs/samples/The_2014_Preqin_Global_Pri
vate_Equity_Report_Sample_Pages.pdf.
PricewaterhouseCoopers. 2015. 2015 Patent Litigation Study: A Change
in Patentee Fortunes. New York, N.Y.: PricewaterhouseCoopers.
https://www.pwc.com/us/en/forensicservices/publications/assets/2015-pwc-patent-litigation-study.pdf.
Quigley, Timothy J., Craig Crossland, and Robert J. Campbell. 2016.
Shareholder Perceptions of the Changing Impact of CEOs: Market
Reactions to Unexpected CEO Deaths, 19502009. Strategic Management
Journal, Vol. 29, March.
Radelet, Steven and Jeffrey Sachs. 2000. The Onset of the East Asian
Financial Crisis. In Currency Crises. Chicago, IL: University of Chicago
Press. http://www.nber.org/chapters/c8691.pdf.
Rappaport, Edmund. 1998. Copyright Term Extension: Estimating the
Economic Values. Washington, D.C.: Congressional Research Service.
Report 98-144E.
Ray, Rebecca, Milla Sanes, and John Schmitt. 2013. No-Vacation Nation
Revisited. Washington, D.C.: Center for Economic and Policy Research.
http://cepr.net/publications/reports/no-vacation-nation-2013.
Ringel, Jeanne S. et al. 2002. The Elasticity of Demand for Health Care:
A Review of the Literature and Its Application to the Military Health
System. Santa Monica, Calif.: RAND Corporation.
http://www.rand.org/pubs/monograph_reports/MR1355.html.
References 237
Rob, Rafael and Joel Waldfogel. 2004. Piracy on the High C's: Music
Downloading, Sales Displacement, and Social Welfare in a Sample of
College Students. Cambridge, Mass.: National Bureau of Economic
Research. Working Paper 10874.
http://www.nber.org/papers/w10874.
Rosnick, David. 2013. Reduced Work Hours as a Means of Slowing
Climate Change. Washington, D.C.: Center for Economic and Policy
Research. http://cepr.net/publications/reports/reduced-work-hours-asa-means-of-slowing-climate-change.
Sahay, Ratna et al. 2015. Rethinking Financial Deepening: Stability and
Growth in Emerging Markets. Washington, D.C.: IMF. IMF Staff
Discussion Note.
http://www.imf.org/external/pubs/ft/sdn/2015/sdn1508.pdf.
Salganik, Matthew J, Peter Sheridan Dodds, and Duncan J. Watts. 2006.
Experimental Study of Inequality and Unpredictability in an Artificial
Cultural Market. Science, Vol. 311, pp. 85456.
https://www.princeton.edu/~mjs3/salganik_dodds_watts06_full.pdf.
Schankerman, Mark. 1998. How Valuable Is Patent Protection? Estimates
by Technology Field. RAND Journal of Economics, Vol. 29, No. 1, pp. 77
107.
Schankerman, Mark and Ariel Pakes. 1986. Estimates of the Value of
Patent Rights in European Countries During the Post-1950 Period.
Economic Journal, Vol. 96, No. 384, pp. 105276.
Scherer, F.M. 2009. The Political Economy of Patent Policy Reform in
the United States. Journal on Telecommunications and High Technology Law,
Vol. 7, No. 2, pp. 167216.
Shapiro, Carl. 2001. Navigating the Patent Thicket: Cross Licenses,
Patent Pools, and Standard Setting. Berkeley, Calif.: University of
California, Berkeley, Haas School of Business. SSRN Working Paper.
238 Rigged
References 239
240 Rigged
References 241
_____. 2011. Bye, Bye, Miss American Pie? The Supply of New
Recorded Music Since Napster. Cambridge, Mass.: National Bureau of
Economic Research. Working Paper 16882.
http://www.nber.org/papers/w16882.
Warner, Kris. 2012. Protecting Fundamental Labor Rights: Lessons
From Canada for the United States. Washington, D.C.: Center for
Economic and Policy Research.
http://cepr.net/publications/reports/protecting-fundamental-laborrights.
Washington Post. 2012. Salary Gaps and Doctor Shortages. Washington,
D.C: Washington Post.
https://www.washingtonpost.com/business/salary-gaps-and-doctorshortages-growing/2012/02/10/gIQAPkZM4Q_graphic.html.
Weissman, Jordan. 2016. Bernie Sanders Bizarre Idea of Fair Trade.
Slate.com, April 5.
http://www.slate.com/blogs/moneybox/2016/04/05/bernie_sanders_
is_the_developing_world_s_worst_nightmare.html.
Westerholm, Russell. 2013. Top 10 Highest Paid Private College
Presidents; Why Harvard's Leader Is Nowhere Close To Top. University
Herald, December 16.
http://www.universityherald.com/articles/6244/20131216/top-10highest-paid-private-college-presidents-why-harvards-leader-is-nowhereclose-to-top.htm.
Winston, Clifford et al. 2011. First Thing We Do, Let's Deregulate All the
Lawyers. Washington, D.C.: Brookings Institution Press.
http://www.brookings.edu/research/books/2011/firstthingwedoletsder
egulateallthelawyers.
Williams, Heidi L. 2010. Intellectual Property Rights and Innovation:
Evidence From the Human Genome. Cambridge, Mass.: National Bureau
of Economic Research. Working Paper 16213.
242 Rigged
Appendix 243
Appendix
This Appendix includes Table 6-1, referenced on page 136.
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
Name
McKesson
Albert Gore
Jr.
Wayne Budd
UnitedHealth Group
Gail Wilensky
Apple Inc.
CVS Health
General Motors
Ford Motor Company
Nancy-Ann
Deparle
Michael
Mullen
William
Kennard
Jon Huntsman
AT&T
Richard Fisher
AT&T
Laura
D'Andrea
Tyson
AT&T
William
Kennard
AT&T
Glenn
Hutchins
General Electric
Mary Schapiro
Government
Agency
Government Position
White House
Vice President
Department of Justice
Centers for Medicare
and Medicaid Services
White House
Chairman
FCC (19972001),
Embassy to European
Union (20092013)
State of Utah
Federal Reserve Bank
of Dallas
Department of State
FCC (19972001),
Embassy to European
Union (20092013)
Federal Reserve Bank
of New York
Securities and Exchange
Commission
Administrator
Chairman, Ambassador
Governor
President
Secretary of State Foreign Affairs
Policy Board
Chairman, Ambassador
Director
Chairman
244 Rigged
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
Name
General Electric
Peter Henry
AmerisourceBergen
Jane Henney
Verizon
Verizon
Donald
Nicolaisen
Rodney Earl
Slater
Chevron
Linnet Deily
Chevron
Costco
Jon Huntsman
Daniel Evans
Kroger
Susan Phillips
Amazon
Jamie
Gorelick
Walgreens
Walgreens
William Foote
David Brailer
Government
Agency
Department of Justice
Express Scripts
Holding
Leonard
Schaeffer
William
Roper
Express Scripts
Holding
Woodrow
Myers
Express Scripts
Holding
Roderick
Palmore
Express Scripts
Holding
Elder Granger
Department of Defense
JPMorgan Chase
Laban Jackson
Walgreens
JPMorgan Chase
Boeing
Linda
Bammann
Kenneth
Duberstein
Boeing
Susan Schwab
Boeing
Edmund
Giambastiani
Department of Justice
Commissioner
Chief Accountant
Secretary
Deputy Representative
Governor
Senator (R-WA)
Governor
Freddie Mac
Director
White House
Chief of Staff
Representative
Vice Chairman
Bank of America
Susan Bies
Bank of America
Monica
Lozano
Board of Governors of
Federal Reserve System
Board of Regents of
University of California
John Stumpf
Wells Fargo
Government Position
Governor
Board Member
Member of Financial Advisory
Council
Appendix 245
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
Name
Wells Fargo
Cynthia
Milligan
Wells Fargo
Federico Pena
Government
Agency
Omaha Branch of
Kansas City Federal
Reserve
Department of Energy
Wells Fargo
James Quigley
Wells Fargo
Elaine Chao
Department of Labor
Wells Fargo
Elizabeth
Duke
Wells Fargo
Suzanne
Vautrinot
Citigroup
Eugene
McQuade
Freddie Mac
Citigroup
Joan Sperro
Department of State
Citigroup
Diana Taylor
Ernesto
Zedillo
Anthony
Santomero
Marna
Whittington
Citigroup
Citigroup
Phillips 66
Government Position
Director
Secretary
Member of Advisory Committee on
Improvements to Financial
Reporting
Secretary
Chair of Committee on Consumer
and Community Affairs, Member of
Committee on Bank Supervision
and Regulation, Member of
Committee on Board Affairs
Major General and Commander,
24th Air Force, Air Forces Cyber
and Air Force Network Operations
Director
President of Mexico
President
President
State of Delaware
Secretary of Finance
Under Secretary, Economics,
Business and Agricultural Affairs
IBM
Joan Sperro
Department of State
IBM
Shirley Ann
Jackson
U.S. Nuclear
Regulatory
Commission
Chairman
Donald
Nickles
Deborah
Majoras
Susan
Kaufman
Purcell
Ernesto
Zedillo
Francis Blake
President of Mexico
President
Department of Energy
Dan Arvizu
Department of Energy
Christopher
DeMuth
Allan Landon
Gary Perlin
Office of Management
and Budget
Board of Governors of
Federal Reserve System
World Bank
Deputy Secretary
Director, National Renewable
Energy Laboratory
Administrator for Information and
Regulatory Affairs
Valero Energy
Valero Energy
Valero Energy
Procter & Gamble
Procter & Gamble
U.S. Senate
Senator (R-OK)
Federal Trade
Commission
Chair
Department of State
Governor
CFO
246 Rigged
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
State Farm Insurance
Comcast
Target
Johnson & Johnson
Johnson & Johnson
Johnson & Johnson
MetLife
MetLife
Name
Susan Phillips
Kenneth
Bacon
Kenneth
Salazar
A. Eugene
Washington
D. Scott Davis
Mark
McClellan
R. Glenn
Hubbard
Carlos
Gutierrez
MetLife
William
Kennard
Archer-Daniels
Midland
Francisco
Sanchez
Marathon Petroleum
John Snow
Marathon Petroleum
B. Evan Bayh
Marathon Petroleum
John Surma
Freddie Mac
Freddie Mac
Freddie Mac
Nicholas
Retsinas
Richard
Hartnack
Anthony
Williams
Freddie Mac
Raphael Bostic
PepsiCo
Richard Fisher
United Technologies
United Technologies
Christine
Todd
Whitman
Lloyd Austin
Richard Myers
Aetna
Jeffrey Garten
Aetna
Frank Clark
Aetna
Molly Coye
United Technologies
Government
Agency
Government Position
Board of Governors of
Federal Reserve System
Governor
Fannie Mae
Department of the
Interior
Centers for Disease
Control
Federal Reserve Bank
of Atlanta
Centers for Medicare
and Medicaid Services
Council of Economic
Advisors
Department of
Commerce
FCC (19972001),
Embassy to European
Union (20092013)
Department of
Commerce
Department of
Treasury
U.S. Senate
Federal Reserve Bank
of Cleveland
Department of Housing
and Urban
Development
Federal Reserve Bank
of San Francisco
Department of
Agriculture
Department of Housing
and Urban
Development
Federal Reserve Bank
of Dallas
Environmental
Protection Agency
U.S. Army
U.S. Air Force
Department of
Commerce
Chicago Board of
Education
California Department
of Health Services
Secretary
Employee
Chairman
Administrator
Chairman
Secretary
Chairman, Ambassador
Under Secretary for International
Trade
Secretary
Senator (R-IN)
Deputy Chair of Board of Directors
Assistant Secretary for Housing,
Federal Housing Commissioner
Director
CFO
Assistant Secretary for Policy
Development and Research
President
Administrator
Vice Chief of Staff
Chairman of the Joint Chiefs of Staff
Under Secretary for International
Trade
President
Director
Appendix 247
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
Name
Aetna
Olympia
Snowe
UPS
Kevin Warsh
AIG
Peter Fisher
AIG
Theresa Stone
Prudential Financial
Prudential Financial
Intel Corp
George Paz
Sandra
Pianalto
Charlene
Barhefsky
Intel Corp
Reed Hundt
Humana
David Jones
Cisco
Kristina
Johnson
Government
Agency
Government Position
U.S. Senate
Senator (R-ME)
Board of Governor of
Federal Reserve System
Department of
Treasury
Federal Reserve Board
of Richmond
Federal Reserve Bank
of St Louis
Federal Reserve Bank
of Cleveland
Office of the U.S.
Trade Representative
Federal
Communications
Commission
Jefferson County Board
of Education
Department of Energy
Jon Huntsman
Presidential
Commission on
Election Administration
U.S. Nuclear
Regulatory
Commission
Office of the U.S.
Trade Representative
National Security
Agency
Office of the U.S.
Trade Representative
State of Utah
Lockheed Martin
James Ellis
Air Force
Lockheed Martin
Joseph
Ralston
NATO
Lockheed Martin
James Loy
Lockheed Martin
Bruce Carlson
Coca-Cola Co.
Helene Gayle
Pfizer
Joseph
Echevarria
FedEx
Shirley Ann
Jackson
FedEx
Susan Schwab
FedEx
John Inglis
Caterpillar
Susan Schwab
Caterpillar
Coca-Cola Co.
Coca-Cola Co.
Coca-Cola Co.
Alexis
Herman
Samuel Nunn
Richard Daley
Governor
Under Secretary for Domestic
Finance
Director
Chairman
President
Representative
Chairman
Chairman
Under Secretary for Energy
Member
Commissioner
Representative
Deputy Director
Representative
Governor
Commander, U.S. Strategic
Command
Commander, U.S. European
Command and Supreme Allied
Commander Europe
Department of
Homeland Security
National
Reconnaissance Office
Centers for Disease
Control
Department of Labor
Secretary
U.S. Senate
City of Chicago
Senator (D-GA)
Mayor
Deputy Secretary
Director
248 Rigged
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
HCA Holdings
Tyson Foods
Delta Airlines
Delta Airlines
Delta Airlines
Nationwide Mutual
Name
Nancy-Ann
Deparle
Mike Beebe
Shirley
Franklin
Francis Blake
Thomas
Donilon
Diane Koken
Johnson Controls
Jeffrey Joerres
Johnson Controls
Honeywell
International
Honeywell
International
Honeywell
International
Honeywell
International
Massachusetts Mutual
Life Insurance
Massachusetts Mutual
Life Insurance
Massachusetts Mutual
Life Insurance
Massachusetts Mutual
Life Insurance
Dennis Archer
Oracle
Oracle
Morgan Stanley
Morgan Stanley
D. Scott Davis
Judd Gregg
George Paz
Linnet Deily
Patricia Diaz
Dennis
State of Arkansas
Governor
City of Atlanta
Mayor
Department of Energy
National Security
Council
State of Pennsylvania
Federal Reserve Bank
of Chicago
City of Detroit
Federal Reserve Bank
of Atlanta
Deputy Secretary
U.S. Senate
Federal Reserve Bank
of St Louis
Office of the U.S.
Trade Representative
Marc Racicot
State of Montana
Governor
Cathy
Minehan
Laura Sen
Michael
Boskin
Leon Panetta
Erskine
Bowles
Donald
Nicolaisen
Morgan Stanley
Alistair
Darling
Cigna
Jane Henney
Cigna
David Vitale
American Express
White House
Judith Miscik
INTL FCStone
Government Position
Department of State
Morgan Stanley
Allstate
Government
Agency
Thomas
Wilson
John Fowler
Charlene
Barhefsky
White House
Securities and Exchange
Commission
Central Intelligence
Agency
Her Majesty's Treasury
Food and Drug
Administration
Chicago Board of
Education
Federal Reserve Bank
of Chicago
Department of
Transportation
Office of the U.S.
Trade Representative
President
Director
Chairman
Secretary
Chief of Staff
Chief Accountant
Deputy Director for Intelligence
Chancellor of the Exchequer
Commissioner
President
Deputy Chair
General Counsel
Representative
Appendix 249
TABLE 6-1
Directors of the 100 largest publicly traded companies in the
U.S. who have previously held positions in government
Firm
Name
Government
Agency
Government Position
French Presidency
Gilead Sciences
General Dynamics
General Dynamics
Anne
Lauvergeon
Michael
Leavitt
John Cogan
Lester Lyles
John Keane
Department of Health
and Human Services
Department of Labor
U.S. Air Force
U.S. Army
General Dynamics
James Mattis
General Dynamics
General Dynamics
Rudy deLeon
Peter Wall
ConocoPhillips
Charles Bunch
ConocoPhillips
Richard
Armitage
Department of Defense
British Army
Federal Reserve Bank
of Cleveland
American Express
American Express
Department of State
Mondelez
International
Charles Bunch
Exelon
Nicholas
Debenedictis
Exelon
Anthony
Anderson
Commodity Futures
Trading Commission
Federal Reserve Bank
of Cleveland
Pennsylvania
Department of
Environmental
Resources
Federal Reserve Bank
of Chicago
Richard Mies
U.S. Navy
Viet Dinh
Department of Justice
Exelon
Twentieth Century
Fox
Twentieth Century
Fox
Deere & Co.
Tesoro
John Manley
Robert
Silberman
Michael
Johanns
Susan
Tomasky
Time Warner
William Barr
Time Warner
Deborah
Wright
Time Warner
Carlos
Gutierrez
Governor
Assistant Secretary for Policy
Vice Chief of Staff
Vice Chief of Staff
Commander, U.S. Central
Command
Deputy Secretary
Chief of the General Staff
Chairman
Deputy Secretary
Chief Accountant
Chairman
Secretary
Director
Commander, U.S. Strategic
Command
Assistant Attorney General for
Legal Policy
Department of Defense
U.S. Senate
Senator (R-NE)
Federal Energy
Regulatory
Commission
Department of Justice
New York Department
of Housing
Preservation and
Development
Department of
Commerce
General Counsel
Attorney General
Commissioner
Secretary
Dean Baker has a gift possessed by few economists, the ability and,
perhaps more importantly, the desire to lay out economic principles in
terms as simple as they truly are. As Baker reminds us, this stuff isn't
complicated, but those who have built the system to keep themselves in
and keep others out are eager to convince that it is. Read Rigged and you'll
be able to see right through them.
Ryan Grim, Washington bureau chief for The Huffington Post
From Adam Smith on, clear-eyed analysts have recognized that markets
can be distorted to favor those at the top that, to use the language of
contemporary economics, corporations and the wealthy can extract
rents from the rest of us. In this provocative new book, Dean Baker
shows that the rents in the American economy are high and rising. From
patent laws that favor incumbents over innovation to financial and
corporate rules that insulate excessive earnings, Baker uncovers the
realities underneath the rationalizations of our rent-driven economy. No
less important, he provides an agenda for fixing it.
Jacob S. Hacker, Professor of Political Science, Yale University, and
co-author of Winner-Take-All Politics and American Amnesia
High U.S. inequality is the product of conscious policy choices, argues
Dean Baker in this excellent and provocative book. He identifies five areas
in which the upward distribution induced by policies should be reversed:
macroeconomics that focus on low inflation only; asymmetric treatment of
privatized gains and socialized losses in the finance industry; heavy
protection of patent rights at home and abroad; protection of high-skill
occupations from foreign competition; and out-of-bounds CEO pay. By
identifying five clear areas and giving concrete proposals for a change,
Bakers book should be seen as a roadmap for future U.S. policymakers
who wish to bring income and wealth inequality back to sustainable
levels.
Branko Milanovic, Author of Global Inequality: A New Approach for the
Age of Globalization
T
h
e
r
eh
a
sb
e
e
na
ne
n
o
r
mo
u
su
p
wa
r
dr
e
d
i
s
t
r
i
b
u
t
i
o
no
fi
n
c
o
mei
nt
h
eUn
i
t
e
dSt
a
t
e
si
nt
h
el
a
s
t
f
o
u
rd
e
c
a
d
e
s
.
I
nh
i
smo
s
tr
e
c
e
n
tb
o
o
k
,
Ba
k
e
rs
h
o
wst
h
a
tt
h
i
su
p
wa
r
dr
e
d
i
s
t
r
i
b
u
t
i
o
nwa
sn
o
tt
h
e
r
e
s
u
l
to
fg
l
o
b
a
l
i
z
a
t
i
o
na
n
dt
h
en
a
t
u
r
a
l
wo
r
k
i
n
g
so
ft
h
ema
r
k
e
t
.
Ra
t
h
e
r
,
i
twa
st
h
er
e
s
u
l
to
f
c
o
n
s
c
i
o
u
sp
o
l
i
c
i
e
st
h
a
twe
r
ed
e
s
i
g
n
e
dt
op
u
td
o
wn
wa
r
dp
r
e
s
s
u
r
eo
nt
h
ewa
g
e
so
fo
r
d
i
n
a
r
y
wo
r
k
e
r
swh
i
l
ep
r
o
t
e
c
t
i
n
ga
n
de
n
h
a
n
c
i
n
gt
h
ei
n
c
o
me
so
ft
h
o
s
ea
tt
h
et
o
p
.
Ba
k
e
re
x
p
l
a
i
n
sh
o
w
r
u
l
e
so
nt
r
a
d
e
,
p
a
t
e
n
t
s
,
c
o
p
y
r
i
g
h
t
s
,
c
o
r
p
o
r
a
t
eg
o
v
e
r
n
a
n
c
e
,
a
n
dma
c
r
o
e
c
o
n
o
mi
cp
o
l
i
c
ywe
r
er
i
g
g
e
d
t
oma
k
ei
n
c
o
me
o
wu
p
wa
r
d
.
"
Wi
t
hc
l
a
r
i
t
y
,
f
a
c
t
s
,
a
n
df
o
r
c
e
,
De
a
nBa
k
e
re
x
p
l
a
i
n
sh
o
wt
h
eU.
S.
e
c
o
n
o
myi
sr
i
g
g
e
da
n
dh
o
w
t
h
ep
r
i
v
i
l
e
g
e
dc
l
a
s
sc
o
n
v
i
n
c
e
dma
j
o
r
i
t
i
e
st
h
a
tt
h
i
si
sj
u
s
tt
h
ewa
yt
h
i
n
g
sh
a
v
et
ob
e
.
Ba
k
e
rt
h
e
n
t
h
o
r
o
u
g
h
l
yd
e
b
u
n
k
ss
u
c
hi
n
e
v
i
t
a
b
i
l
i
t
y
,
p
r
o
v
i
d
i
n
gwh
a
ta
mo
u
n
t
st
oap
o
we
r
f
u
l
d
e
r
i
g
g
i
n
gma
n
u
a
l
t
ot
h
eg
r
o
wi
n
gn
u
mb
e
ro
fu
swh
owa
n
tag
l
o
b
a
l
e
c
o
n
o
myt
h
a
two
r
k
sf
o
re
v
e
r
y
o
n
e
.
"
-J
a
r
e
dBe
r
n
s
t
e
i
n
,
F
o
r
me
rCh
i
e
fE
c
o
n
o
mi
cAd
v
i
s
e
rt
oVi
c
eP
r
e
s
i
d
e
n
tJ
o
eBi
d
e
n
"
T
h
i
si
sa
ni
mp
o
r
t
a
n
ta
n
dc
o
mp
e
l
l
i
n
gb
o
o
ka
b
o
u
th
o
wt
h
er
u
l
e
sg
o
v
e
r
n
i
n
gt
h
eAme
r
i
c
a
ne
c
o
n
o
my
h
a
v
eb
e
e
nr
i
g
g
e
di
nf
a
v
o
ro
ft
h
o
s
ewi
t
ht
h
ewe
a
l
t
ha
n
dp
o
l
i
t
i
c
a
l
c
l
o
u
tt
or
i
gt
h
e
m.
Ba
k
e
rs
h
o
ws
wh
ya
n
dh
o
wt
h
en
a
t
i
o
n
'
ss
t
a
g
g
e
r
i
n
gi
n
e
q
u
a
l
i
t
yh
a
sb
e
e
nt
h
ec
o
n
s
e
q
u
e
n
c
eo
fs
t
a
g
g
e
r
i
n
g
l
y
u
n
e
q
u
a
l
p
o
l
i
t
i
c
a
l
i
n
u
e
n
c
e
.
"
-Ro
b
e
r
tB.
Re
i
c
h
,
F
o
r
me
rSe
c
r
e
t
a
r
yo
fL
a
b
o
r
"
De
a
nBa
k
e
r
st
i
me
l
yb
o
o
kRi
g
g
e
d
:
Ho
wGl
o
b
a
l
i
z
a
t
i
o
na
n
dt
h
eRu
l
e
so
ft
h
eMo
d
e
r
nE
c
o
n
o
myWe
r
e
St
r
u
c
t
u
r
e
dt
oMa
k
et
h
eRi
c
hRi
c
h
e
ri
samu
s
t
r
e
a
df
o
rt
h
ema
n
ywh
ob
e
l
i
e
v
et
h
es
t
a
t
u
sq
u
oi
s
u
n
s
u
s
t
a
i
n
a
b
l
e
.
I
nc
l
e
a
ra
n
dc
o
mp
e
l
l
i
n
gt
e
r
ms
,
Ba
k
e
rma
k
e
st
h
ec
a
s
ef
o
rr
e
wr
i
t
i
n
gt
h
er
u
l
e
ss
ot
h
a
t
ma
r
k
e
t
sl
e
a
dt
ot
r
u
l
yp
r
o
g
r
e
s
s
i
v
eo
u
t
c
o
me
s
.
"
-Ka
t
r
i
n
av
a
n
d
e
nHe
u
v
e
l
,
E
d
i
t
o
ra
n
dP
u
b
l
i
s
h
e
ro
fT
h
eNa
t
i
o
n